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Calcutta High CourtCRM (A)/739/2025allowed

Durga Jana v. The State Of West Bengal

2025-03-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

03.03.2025 Sl. No.44 akd [ALLOWED] C. R. M. (A) 739 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 17.02.2025 in connection with Shyampur Police Station Case No.78 of 2022 dated 02.03.2022 under Sections 498A/306/304B/34 of the Indian Penal Code. (G.R. Case No.410 of 2022) And In Re: Durga Jana ... ... Petitioner Mr. R. L. Chakraborty Mr. Sumanta Ganguly Mr. Priyanjit Kundu ... ... for the petitioner Mr. Sanjay Bardhan Mr. Tirthankar Dhali ... ... for the State 1.

It is submitted on behalf of the petitioner there was a matrimonial dispute and victim committed suicide in an impulsive manner. Husband tried to save the victim. Petitioner is the mother-in-law. 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. Victim had married one Krishnendu Jana three years ago. It is alleged husband and other in-laws subjected her to torture over demands of dowry. When victim committed suicide, husband tried to save her and took her to hospital. Husband has been enlarged on regular bail. Allegations against the petitioner are general and omnibus. Investigation is complete. Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and she may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Durga Jana, 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.)