Nilarani Biswas@Nila Biswas And ORS v. State Of West Bengal
16.02.2023 Serial no. 20 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 653 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 1199 of 2022 dated November 16, 2022 under Sections 498A/306/34 of the Indian Penal Code. -AndIn the matter of : Nilarani Biswas @ Nila Biswas & Ors. ... ... Petitioners Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioners Mr. Sujan Chatterjee Mr. T. D. Nandy, Mr. A. Basu, Advocate ... ...For the State Apparently, the victim committed suicide.
The police case was lodged 11 years after the marriage. The statement of the neighbour recorded under Section 161 of the Criminal Procedure Code suggests that there was an altercation between the victim and her parents-in-law with regard to the grand child losing a text book. In such circumstances, we are inclined to 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no. 3 shall report before the
Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 1 and 2 shall cooperate with the investigation till its completion and on further 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.
Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 653 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)