Malati Mallick And ANR v. State Of West Bengal

12.04.2021 CRM 774 of 2021 Court No.28 (Via Video Conference) Item 285 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Barrackpore Police Station Case No. 13 of 2020 dated 10.02.2020 under Sections 306/120B of the Indian Penal Code. sg Malati Mallick & Anr.

Versus

The State of West Bengal Allowed Mr. Debasis Kar, Adv.

Mr. Husen Mustafi, Adv.

Mr. Subhajit Chowdhury, Adv.

...for the Petitioners.

Ms. Faria Hossain, Adv.

Ms. Sonali Das, Adv.

...for the State.

The learned Counsel for the petitioners submits that the marriage was solemnised in the year 2012 and the victim committed suicide by firing from his own service revolver.

The learned Advocate for the State produces the case diary and draws the attention of this Court to the post-mortem report. The petitioners before this Court are the mother-in-law and father-in-law. Having regard to the complicity of the present petitioners, we are of the opinion that their custodial detention may not be warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail is allowed. Accordingly, in the event of arrest, the petitioners, namely, Malati Mallick and Narayan Mallick will be enlarged on bail on furnishing security bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. The

petitioner no.2 make himself available before the investigating officer as and when called for.

The prayer for anticipatory bail is allowed.

CRM 774 of 2021 is, thus, disposed of.

All parties shall act on the server copy of the order. (Tirthankar Ghosh, J.) (Soumen Sen, J.)