Liton Biswas v. State Of West Bengal

16.12.2020 tkm/ct 28 C.R.M. 2834 of 2020 sl no. 92 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hanskhali P.S case 226 of 2013 dated 1.4.2013 under sections 306/34 of the IPC Allowed and In Re : Liton Biswas ...... petitioner Ms. J Dutta Chakraborty ...... for the petitioner Mr. T K Ghosh Mr. Ariful Hossain ...... for the State Petitioner married daughter of the deceased. The deceased did not approve the marriage and out of depression committed suicide.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner had absconded for a protracted period of time.

Statements of witnesses do not disclose any active incitement to suicide by the petitioner. Whether matrimony against the will of the victim would constitute abetment to suicide may be assessed at the appropriate stage in accordance with law. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall 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 subject to the conditions as laid

down under section 438(2) of the Code of Criminal Procedure, 1973.

The application being CRM 2834 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)