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Calcutta High CourtCRM (A)/413/2025allowed

Kuheli Sen And ANR v. The State Of West Bengal

2025-02-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

10.02.2025 21.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 413 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nischinda Police Station Case No. 98 of 2023 dated 04.06.2023 under Sections 306/34 of IPC.

And In Re: Kuheli Sen and Anr.

... ... Petitioners Mr. Kaustav Sen, Ms. Sristi Mukhopadhyay, Mr. Soumyadeep Das.

.... for the petitioners Mr. Soumik Ganguly, Ms. Ayana Dey.

.... for the State 1.

Petitioner no. 1 is the daughter of the deceased. Petitioner no. 2 is her husband. It is contended out of depression the deceased committed suicide. Accordingly, they prays for anticipatory bail.

2.

Learned Advocate for the State relies on the suicide note. 3.

We have considered the materials on record. Though the suicide note implicates the petitioners, the same is a cryptic one and does not describe the manner in which the petitioners had abetted the victim's suicide. It is common knowledge frustration from wear and tear of a family relationship may weigh heavily on a weak mind may lead to suicide. But such act of selfextermination cannot invariably implicate persons against whom the victim may have grievance which prompted him to take such a fatal step.

Signed By :

SOURAV GHOSH High Court of Calcutta 12 th of February 2025 02:55:58 PM

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct that in the event of arrest, the petitioners viz., (1) Kuheli Sen, and (2) Siddharth Sen be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 12 th of February 2025 02:55:58 PM