High CourtsDivision Bench

In The Matter Of: Labanya Bhattacharya @ Bhattacharjee & Ors. APPELLANT @Hash State

Calcutta High Court · Decided on 31 July 2020 · Citation: (2020) 07 CAL CK 0007

HON’BLE JUDGES
Sanjib Banerjee, J · Aniruddha Roy, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 5091 Of 2020, Criminal Application No. 3361 Of 2020
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Judgment

14 paragraphs · 262 words

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The

petition is taken up through video conference on the basis of such undertaking.

The de facto complaint makes out that the petitioner no. 2 herein concealed her previous marriage and induced the de facto complaint to marry her,

whereupon a male child was born and now the petitioner no. 2 has deserted the de facto complaint and has removed herself and the male child to

Bangalore.

As far as the present complaint is concerned, there does not appear to be any basis for taking the petitioner no.2 into custody immediately. However,

the petitioner no. 2 should report once a fortnight to the Officer-in-Charge or equivalent official who is the head of the local police station within

whose jurisdiction the petitioner no. 2 resides.

Subject to the above, in the event of arrest, the petitioner no. 2 will be released on bail on furnishing security of Rs.10,000/- (Rupees Ten Thousand

only) together with personal release bond of equal value to the satisfaction of the Arresting Officer. In addition, the petitioner no. 2 will also comply

with the conditions in Section 438(2) of the Code of Criminal Procedure, 1973.

The same order will apply to the petitioner no.1 and petitioner no. 3 who are the mother and brother, respectively, of the petitioner no. 2. However, the

petitioner nos.1 and 3 need not report to any police station.

CRM 5091 of 2020 and CRAN 3361 of 2020 are disposed of.