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The Indian Penal Code vs In Re: Chhaya Mukherjee Nee Saha @ … on 9 December, 2019

1

9.12.2019

l No.146
P
CRM 11563 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 06.12.2019 in connection with Kandi Police Station
Case No. 427 dated September 24, 2019 under Sections 498A/Section328/Section302/Section34 of
the Indian Penal Code.

And
In Re: Chhaya Mukherjee nee Saha @ Moni Saha
… … Petitioner.

Mr. Navanil De,
Mr. R. Chakraborty,
Ms. Natasa Asad
… for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra
… … for the State.

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

law of the victim housewife and did not ordinarily reside at her matrimonial

home. She has been falsely implicated in the instant case.

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

submits that the petitioner had abetted the principal accused i.e. husband of the

victim housewife in murdering her.

Having considered the materials on record and bearing in mind the nature

of allegations in the light of the submission that there is no material to show that

the petitioner was present at the place of occurrence on the fateful day, we are

inclined to grant anticipatory bail to her.

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 each, to the satisfaction of the arresting officer

and also be subject to the conditions as laid down under Section 438(2) of the
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Code of Criminal Procedure, 1973 and on condition that the petitioner shall

appear before the court below and pray for regular bail within a period of four

weeks from date.

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

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

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