RINKU DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner apprehending arrest in connection with a case relating to offences punishable under Sections 498A/323 of the Indian Penal Code, applied for anticipatory bail before this Honble High Court and her such prayer was allowed. Thereafter, within the period of validity of the said anticipatory bail order, on 23rd of September, 2008, the petitioner and others surrendered before the Court below. When the Learned Magistrate took them into custody called for the Case Diary and released them on interim bail till 21st of November, 2008. On 21st of November, 2008, no Case Diary was produced and accordingly the interim bail was extended till 22nd of December, 2008. On 22nd of December, 2008 Case Diary was produced and the interim bail of the other accused persons was confirmed but as the petitioner was absent, so far as she is concerned her interim bail was extended till 12th of February, 2009 and then again upto 13th of March, 2009. On 13th of March, 2009 the petitioner was present in Court but in absence of Case Diary, the Learned Magistrate extended her interim bail till 22nd of April, 2009. In the meantime, on 25th of March, 2009 the charge-sheet has been submitted against the petitioner and others. Thereafter, on the prayer of the defacto-complainant the Learned Magistrate by his order passed on 15th of September, 2009 directed further investigation in the matter fixing 23rd of November, 2009 for police report and on 23rd of November, 2009 no police report was submitted and the interim bail of the petitioner has been extended till 17th of February, 2010. The petitioner has now moved this Court against non-confirmation of her interim bail.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record.

(3.) The Learned Advocate appearing on behalf of the State Mr. Sobhendu Sekhar Roy in his usual fairness submitted that there cannot be any valid reason in refusing to confirm the interim bail granted to the petitioner.