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In Re:- Moumita Sarkar @ Dutta vs Re: An Application For Bail Under … on 10 April, 2017

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18 10.4.2017

C.R.M. No.2807 of 2017
p.d.

In re:- Moumita Sarkar @ Dutta …. Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 5.4.2017 in connection
with ST No.503 of 2015 arising out of Bongaon Police Station Case No.855/2013 dated 26.11.2013
under Sections 498A/406/302/120B/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry
Prohibition Act.

Mr. Angshuman Chakraborty,
Mr. Kartik Das … For the petitioner.

Mr. Arun Kumar Maity, A.P.P.,
Ms. Mayukhi Mitra …. For the State.

Heard the learned Advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the sister-in-law of the victim housewife.

This is a case, where the petitioner was earlier granted bail

by a Co-ordinate Bench of this Court and thereafter, one day due to

her illness, she filed an application for adjournment but that was

turned down by the court below and warrant of arrest has been

issued. The said warrant of arrest was challenged before this High

Court and the High Court stayed the operation of the order issuing

warrant of arrest. Subsequently, pursuant to the direction of the

court, the petitioner surrendered in the court below and now, she is

in custody for 15 days.

Considering the facts, as above, we allow the petitioner’s

prayer for bail.

Let the petitioner be released on bail upon furnishing a bond

of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom
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must be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Bongaon.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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