Mina Rani Banik vs Unknown
2023 Latest Caselaw 6309 Cal

20.09.2023                         C.R.M. (A) 3802 of 2023
  ML. 194
Court No. 29
  Sourav
               In Re: - An application for anticipatory bail under Section 438 of
(Dismissed)    the Code of Criminal Procedure in connection with Habra Police
               Station Case No. 221 of 2019 dated 03.06.2019 under Sections
               498A/326/307/34 IPC read with Sections 302 IPC
               (corresponding to G.R. Case No. 1444 of 2019)

                                              And

               In the matter of: Mina Rani Banik
                                                                    ....petitioner.

                  Mr. Debasis Kar
                  Mr. Husen Mustafi
                                                              ...for the petitioner.

                  Mr. Arijit Ganguly
                  Mr. Avik Ghatak
                                                                  ...for the State.


               1.

Heard learned Counsel for the parties.

2. This is a second application for anticipatory bail which

learned Counsel for the petitioner presses to be maintainable

on the basis of decision of Hon'ble Supreme Court in the case

of Ravindra Saxena Vs. State of Rajasthan reported in

2010 (1) SCC 684.

3. From the aforesaid judgment, we do not find that second

application for anticipatory bail can be maintained even if the

first one has already been disposed of on merit. Secondly, it is

submitted by learned Counsel for the State that proclamation

has already been issued and published under Section 82 of

the Cr.P.C. against the present petitioner on 10.08.2023 and

the present petition for anticipatory bail having been filed on

24.08.2023, it is not maintainable as such, in view of judicial

dictums.

4. However, it is submitted by the learned Counsel for the

petitioner that the petitioner is the old mother-in-law of the

deceased and the husband of the deceased who is the

principal accused has already been released on regular bail in

the meantime.

5. Accordingly, the application being CRM (A) 3802 of 2023 is

dismissed.

6. In view of such submission, it is directed that the petitioner, if

so advised, appears before the learned CJM, Barasat in G.R.

Case No. 1444 of 2019 within 15 days from today with three

days advance notice to the PP/APP attached to the said Court

and files application for bail, such application for bail shall be

disposed of on merit on the same day. Needless to mention

here that if ground of parity is canvassed by the present

petitioner, the same may be considered liberally by the

learned court at the time of disposal of the aforesaid bail

application.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)