Sanat Bera @ Sonat Bera And ANR v. State Of West Bengal

C.R.M. (A) 349 of 2024 06.02.2024 DL.50 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Garhbeta Police Station Case No.512 of 2023 dated 05.11.2023 under Sections 306/506/34 of the Indian Penal Code, 1860.(G.R. Case No.697 of 2023).

And In the matter of: Sanat Bera @ Sonat Bera & Anr. ....petitioners.

Mr. Amit Ranjan Pati Md. Jawwad ...for the petitioners.

Mr. Debabrata Chatterjee, Ld. APP Ms. Jonaki Saha ... for the State.

Mr. Soumyajit Das Mahapatra Ms. Madhuri Sinha ... for the de facto complainant.

Police complaint was lodged after six months of the date of the incident through a petition under Section 156(3) of the Code of Criminal Procedure.

Apparently, the victim committed suicide.

Allegations as against the petitioners before us is that the victim owed a sum in excess of Rs.34 lacs for goods sold and delivered by the petitioner no.1 to the victim and that, petitioner no.1 was pressing hard for payment.

Allegation is also that the petitioner no.1 made the victim to execute certain documents allegedly acknowledging the liability. De facto complainant is represented.

Petitioners were not present at the place of occurrence. As to whether, the petitioners abetted the commission of the suicide of the victim may be decided at the trial. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 349 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)