Srimati Adak Nee Duwari And ORS v. The State Of West Bengal

04.03.2025 as [ALLOWED] C. R. M. (A) 756 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pursurah Police Station Case No. 300 of 2024 dated 06.10.2024 under Sections 85/110/56 of BNS, 2023 and charge sheet submitted under Sections 85/108 of BNS, 2023.

In Re: Srimati Adak nee Duwari & Ors.

... ... Petitioners Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Ms. Labani Sikder, Mr. Souvik Dey.

... ... for the Petitioners Mr. Rana Mukherjee, Ld. A.P.P., Mr. Amanul Islam.

... ... for the State 1.

Petitioners are the in-laws of the victim lady. They contend the incident occurred 13 years after marriage. Accordingly, they pray for anticipatory bail.

2.

Learned Advocate for the State submits victim had committed suicide. She died after a day. She had implicated petitioners as persons responsible for her death. 3.

We have considered the materials on record. Petitioners are the in-laws of the victim lady. There were family quarrels and disputes. Statements of witnesses show petitioners used to torture the victim. It is also contended victim made oral statement that petitioners were responsible for her death. However, no suicide note is placed on record to corroborate this fact. Though she was hospitalized, dying statement was not recorded in the medical papers. Since the housewife committed

suicide 13 years after marriage, statutory presumptions under Sections 117 and 118 of BSA are not attracted. 4.

Hence, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct that in the event of arrest, the petitioners 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 BNSS. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

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