Tabjul Sekh And ORS v. State Of West Bengal And ORS.

25.03.2022 tkm/ct 28 C.R.M.(A) 1402 of 2022 sl no.25 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Manikchak P.S case no. 95 of 2022 dated 10.03.2022 under section 306 of the IPC And Allowed In Re : Tabjul Sekh & Ors.

...... petitioners Mr. Amitabha Karmakar Mr. A K Bhowmick ...... for the petitioners Mr. T K Ghosh Ms. Pritha Paul ...... for the State It is submitted on behalf of the petitioners that the husband of petitioner no. 3 committed suicide out of depression. Ingredients of offence under section 306 of the Indian Penal Code are not disclosed in the facts of the case.

Learned lawyer for the State opposes the prayer for bail. Having considered the material on record and keeping in mind the nature of allegations and as the victim did not leave behind any suicide note implicating the petitioners, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

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, 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.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM(A) 1402 of 2022 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)