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Calcutta High CourtCRM (A)/708/2025allowed

Sohini Biswas v. The State Of West Bengal

2025-02-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

28.02.2025 Sl. No.9 akd [ALLOWED] C. R. M. (A) 708 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 21.02.2025 in connection with Taherpur Police Station Case No.599 of 2024 dated 03.12.2024 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.64 of 2025) And In Re: Sohini Biswas ... ... Petitioner Ms. Sananda Bhattacharya ... ... for the petitioner Mr. Binay Panda Ms. Sonali Bhar ... ... for the State 1.

It is submitted on behalf of the petitioner there was a romantic association between herself and the victim. Subsequently, the relationship did not fructify into marriage. Victim committed suicide. Ingredients of the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 are not disclosed. Accordingly, she prays for anticipatory bail.

2.

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

3.

We have considered the materials on record including the suicide note. The note states there was an intimate association between the petitioner and the victim. It also states petitioner had physical relationship with other men. As a result, victim committed suicide. Even if one believes the contents of the suicide note, it discloses the petitioner was not truthful to her relationship with the victim. Even if it is admitted she had multiple relationships, whether such conduct per se would amount to abetment to suicide requires to be assessed at the

appropriate stage of the proceeding. Under such circumstances, we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and she may be granted anticipatory bail. 4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Sohini Biswas, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

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