Mou Keora And ORS v. The State Of West Bengal And ANR

26.02.2025 sdas Allowed C.R.M. (A) No. 672 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Haripal Police Station Case No. 511 of 2024 dated 25.08.2024 under Sections 108/3(5) of the BNS. And In Re : Mou Keora & Ors. ..... petitioners Mr. Pradip Ray Mr. Ujjal Ray ..... for the petitioners Mr. Bitasok Banerjee Mr. S. S. Saha .....for the State 1.

Learned Counsel for the petitioners submits petitioner no. 1 is the wife of the victim. Petitioners no. 2 and 3 are the mother and brother respectively of petitioner no. 1. On the day of the incident petitioner no. 1 was residing at her paternal residence. Victim suffered from 'Schizophrenia' and had committed suicide. They pray for anticipatory bail. 2.

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

3.

We have considered the materials on record. Victim had married petitioner no. 1 in 2016. There was matrimonial discord. On the day of the incident i.e. on 18.08.2024 victim was alone in his house and committed suicide. It is alleged prior to the incident petitioners had misbehaved with him.

Whether such misbehavour per se would constitute abetment to suicide may be assessed at the appropriate stage of the proceeding. Victim had not left behind any suicide note implicating the petitioners. Custodial interrogation is not necessary for progress of investigation.

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

4. Accordingly, we direct that in the event of arrest the petitioners shall 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 and on condition that they shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

5. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)