Rama Dhar v. State Of West Bengal

Dl.

11.

October 7, C.R.M. 3047 of 2021 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on March 26, 2021 in connection with Ghola Police Station Case No. 305 of 2020 dated July 29, 2020 under Section 302 of the Indian Penal Code; And In the matter of : Rama Dhar ...petitioner.

Versus

State of West Bengal ...opposite party.

Mr. Koustav Bagchi, Mr. Debayan Ghosh, ...for the petitioner.

Mr. Swapan Banerjee, Ms. Purnima Ghosh, ...for the State.

We have heard the learned advocates appearing for the parties and perused the case diary.

It is submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in the instant case by her in laws. The learned lawyer appearing on behalf of the State opposes the prayer for anticipatory bail relying on the statement of the victim, which is alleged to be a suicide note, and the post mortem report. Having considered the materials in the case diary, particularly, the post mortem report and the statement of the victim, and keeping in mind the extent of complicity of the petitioner in the alleged crime, we are of the view that custodial interrogation of the petitioner is not necessary. We, as such, direct that in the event of arrest of the petitioner, namely, Rama Dhar, she shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like amount to the

satisfaction of the arresting officer, subject to the conditions as laid down in subsection (2) of Section 438 of the Code of Criminal Procedure and on further condition that she shall co-operate with the investigating agency as and when called for.

The application for anticipatory bail is, thus, allowed. dns ( Rabindranath Samanta, J. ) ( Soumen Sen, J. )