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Calcutta High CourtCRM/2958/2021allowed

Jhumko Ghosh @ Minati Ghosh v. State Of West Bengal

2021-08-27Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

27.08.2021 Item no.90.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 2958 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 23.03.2021 in connection with Santipur Police Station Case No.392 of 2020 Dated 8.9.2020 under Sections 498A/304B/34 of the Indian Penal Code And In the matter of : Jhumko Ghosh @ Minati Ghosh ......Petitioner.

Mr. Anshuman Chakraborty, Mr. S. S. Saha ......for the Petitioner.

Mr. Arijit Ganguly, Ms. Baishaki Chatterjee ......for the State.

The petitioner is the mother-in-law of the victim lady, who apparently committed suicide by hanging. The petitioner says that she had no role to play in the victim's death. We have seen the material in the case diary including the post mortem report, which suggests that death was due to hanging ante mortem. We have also seen the statement of the victim's mother. The main thrust of the allegation is against the victim's husband, who has been enlarged on bail by this Court by an order dated March 18, 2021 passed in CRM No.11281 of 2020.

On an overall assessment of the material in the case diary and the fact that charge sheet has already been filed, we

are of the opinion that immediate custodial interrogation of the petitioner may not be necessary.

Accordingly, 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, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.2958 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)