MADHUMITA RAHUT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By way of this application under Section 439 (2) read with Section 482 of the Code of Criminal Procedure, 1973 (for short CrPC) the petitioner challenges the order dated 4th April, 2014 passed by the Ld. Sessions Judge, Jalpaiguri in Criminal Misc. Case No. 1006 of 2014 corresponding to Kotwali Police Station Case No. 274 of 2014 dated 23rd March, 2014 under Sections 448/323/354/385 of the Indian Penal Code (for short IPC).

(2.) By the order dated 4th April, 2014 the Ld. Sessions Judge was pleased to, inter alia allow an application for anticipatory bail filed under Section 438 CrPC by the present OP2 -accused in connection with the said case. Noticing the submission of the Ld. Advocate for the OP2 -accused and the Ld. Public Prosecutor that the disputes between the present petitioner -complainant and the OP2 is civil in nature in respect of which a civil suit is pending between the parties and the prayer for anticipatory bail was not opposed by the Ld. Public Prosecutor, such prayer stood allowed. The OP2 -accused was directed to be released on furnishing a bail bord upon compliance with the provisions of Section 439(1) CrPC with the further direction that he shall surrender before the Ld. Magistrate within 15 days from the date of the said order.

(3.) Shri Shekhar Basu, Ld. Senior Counsel appearing for the petitioner -complainant, while praying for cancellation of the order of anticipatory bail granted by the Ld. Sessions Judge raises at the threshold a jurisdictional issue before this Court. Shri Basu points out that the order granting anticipatory bail is the foundational order and the subsequent order of bail granted by the Ld. Magistrate under Section 437 CrPC pursuant to an order under Section 438 CrPC is consequential to the foundational order.