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Calcutta High CourtCRM/3046/2021allowed

Ratna Kundu v. State Of West Bengal

2021-09-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

24.09.2021 Item no.46 Court No.32.

S.De (allowed) (Via Video Conference) CRM No. 3046 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 26.03.2021 in connection with Ghola Police Station Case No. 590 of 2020 dated 11.12.2020 under Sections 306/34 of the Indian Penal Code. And In the matter of : Ratna Kundu.

......Petitioner.

Mr. Mrityunjoy Chatterjee , Advocate, Mr. Susnigdho Bhattacharyya, Advocate, ......for the Petitioner.

Mr. Saibal Bapuli, Advocate, Mr. S. Chatterjee, Advocate, ......for the State.

The petitioner is a friend of the second wife of the victim who committed suicide. The allegation is that the second wife of the victim used to torture the victim. The petitioner allegedly instigated the second wife to torture the victim. We have seen the material in the case diary.

On an overall assessment of the material on record and the possible extent of complicity of the petitioner in the alleged offence, although charge-sheet is yet to be submitted, we are of the view that immediate custodial interrogation of the petitioner

may not be necessary so long as she co-operates with the Investigating Officer.

Accordingly, in the event of arrest, the petitioner namely Ratna Kundu 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 CRM 3046 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.)