Malati Bhowmik v. The State Of West Bengal

D/L30 18.02.2025 Rohit ct.no.28 C.R.M. (A) 538 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sonarpur Police Station Case No. 803 of 2024 dated 17.06.2024 under Sections 302 and 34 of the Indian Penal Code subsequently charge-sheet filed under Section 304/506/34 of the Indian Penal Code. And In Re: Mrs. Malati Bhowmik

...Petitioner

Mr. A. Palit Mr. Syed Murshid Alam Mr. Subrata Ghosh Ms. Amrita Sen Mr. M. Sahin Khan ...for the petitioner Mr. Sandip Chakraborty Ms. Suparna Chatterjee ...for the State 1.

Heard learned Advocates for the parties.

2.

Petitioner submits that she is the wife of the deceased. No allegation of assault is levelled against her. She prays for anticipatory bail. 3.

Learned Lawyer for the State opposes the prayer for the anticipatory bail.

4.

We have considered the materials on record including the statements of witnesses. Their statements are inconsistent with one another0 with regard to role of the petitioner in the assault.

While one Nirmal Bhowmik claims petitioner also joined in the assault, another witness Kalyani Bhowmik states that victim was assaulted by his son alone.

5.

In light of the aforesaid dichotomy with regard to role of the petitioner in the crime and as she is a woman, we are inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Malati Bhowmik be released on bail upon furnishing a bond of Rs.10,000/- 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. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)