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Penal Code vs In Re: Smt. Mithu Palit (Nath) on 12 February, 2020



Sl No.84
CRM 1562 of 2020
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 11.02.20 in connection with Bhadreswar P.S. Case
No.376 of 2019 dated 06.10.2019 under Sections 498A/304B/406 of the Indian
Penal Code.

In Re: Smt. Mithu Palit (Nath)
… … Petitioner.

Mr. Ankit Agarwala
Mr. A. Mukherjee
Mr. Vineet Ojha … for the Petitioner.

Mr. Arijit Ganguly
Mr. Sanjib Kr. Dan
… … for the State.

It is submitted on behalf of the petitioner that she is the married sister-in-

law of the victim and did not ordinarily reside in the matrimonial home of the

victim lady. Principal accused has been enlarged on regular bail.

Learned lawyer for the State opposes the prayer for anticipatory bail and

submits that the victim house wife had suffered an unnatural death.

Having considered the materials on record and keeping in mind the

complicity of the petitioner in the alleged crime in the light of the submission

that she did not ordinarily reside in the matrimonial home of the victim, we are

inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released

on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with

two sureties of like amount, one of whom must be local, to the satisfaction of the

arresting officer and also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioner shall appear before the investigating officer and hand over his

passport, if any, within a fortnight from date. In the event she does not have a

passport, she shall personally appear before the investigating officer and furnish

an affidavit to that effect within the time frame mentioned hereinabove.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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