Malati Singha v. State Of West Bengal

28.02.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 878 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chopra Police Station Case No. 784 of 2022 dated 31.12.2022 under Sections 498A/306 of the Indian Penal Code, 1860 read with Section 3/ 4 D.P. Act.

And In the matter of: Malati Singha ...... petitioner Mr. Amit Roy ....for the petitioner Mr. Saswata Gopal Mukherji, Ld. P.P., Mr. Aniket Mitra ....for the State Husband was enlarged on bail by the sessions court. The Post Mortem Report suggests that the victim committed suicide.

The materials in the case diary does not suggest requirement of custodial interrogation of the petitioner. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner will 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 be subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and that petitioner will cooperate with the Investigating Officer till the conclusion of the investigation and on further condition that the petitioner will 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 petitioner in court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)