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Calcutta High Court (Appellete Side)

Rani Mandal @ Mondal @ Anr vs Unknown on 28 March, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

28.03.2024
Item No.23
Ct. No. 29
CHC
Allowed

C.R.M.(A) 944 of 2024

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Sagardighi
Police Station Case No. 53 of 2024 dated 07.02.2024 under
Sections 498A/304B/34 of the Indian Penal Code, pending
before the Learned Court of Additional Chief Judicial
Magistrate, Jangipur, Murshidabad.

And

In the matter of : Rani Mandal @ Mondal @ anr.

…… petitioners

Md. Golam Nure Imrohi
….for the petitioners

Mr. Saibal Bapuli, Ld. A.P.P.
Mr. Sk. Arif Hossain
….for the State

Affidavit-of-service filed in Court be taken on record.

None appears for the de facto complainant despite

service.

There is a delay of about a year from the date of the

incident with the lodgment of the First Information Report.

Post Mortem Report of the victim suggests that death was

due to the effect of poisoning ante mortem in nature. Husband

was arrested.

Police are yet to conclude the investigation.

Considering the period of delay and the nature of the Post

Mortem Report, we grant anticipatory bail to the petitioners.

Signed By :

CHINMOY
CHAKRABORTY
High Court of
Calcutta
28 th of March
2024 02:20:04 PM
2

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) each, with two

sureties of like amount each, 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

further condition that the petitioner no.1, namely, Rani Mandal

@ Mondal will cooperate with the investigation and petitioner

no.2, namely, Sarat Mandal @ Sharat Mondal @ Mandal will

report before the Investigating Officer once in a fortnight till the

conclusion of investigation and on further condition that the

petitioners shall appear on every date before the jurisdictional

Court on and from the date fixed for appearance of the accused

and in default the jurisdictional Court will pass appropriate

order to secure the presence of the petitioners in Court

including cancelling the anticipatory bail granted without

further reference to this Court.

This application for anticipatory bail is, thus, allowed.

CRM(A) 944 of 2024 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)