Tania Ghosh (Sadhukhan) @ Taniya Sadhu @ Taniya Ghosh Sadhukhan @ Taniya Ghosh Sadhu v. State Of West Bengal

CRM 3064 of 2021 23.09.2021 court no.

: 28 Item no.

: PB-195 matter : 438 status : REJECTED transcriber : nandy In Re:- An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 26.03.2021 in connection with Habra Police Station Case No. 67 of 2021 dated 05.02.2021 under Section 306 of the Indian Penal. and In the matter of: Tania Ghosh (Sadhukhan) @ Taniya Sadhu @ Taniya Ghosh Sadhukhan @ Taniya Ghosh Sadhu ......Petitioner Mr. Kallol Mondal, Advocate Mr. Anamitra Banerjee, Advocate ......for the Petitioner Mr. Iqbal Kabir, Advocate ......for the State Apprehending arrest in connection with Habra Police Station Case No. 67 of 2021 dated 05.02.2021 under Section 306 of the Indian Penal, the petitioner has filed the instant application for anticipatory bail.

Wife of the deceased Uttam Ghosh is the petitioner before us by filing the instant application under Section 438 of the Code of Criminal Procedure. It submitted by the learned Advocate for the petitioner that the husband of the petitioner had a small business of selling garments in a market at Kolkata. He took loan of Rs.2,57,000/- which he could not repay. By such reason he was depressed and finally committed suicide. However, after the incident the wife of the deceased was wrongly implicated in this case. The de facto complainant is the father of the deceased. It is further submitted by the leaned Advocate of the petitioner that the FIR was filed by the father of the deceased after fourteen days.

It is pointed out by the learned Public Prosecutor-incharge, drawing our attention to the FIR that the petitioner had no cordial relation with her husband. She used to pick up quarrel with him very often. She also used to live an extravagant life with her other boyfriends. The deceased raised protest for which the petitioner become furious. She used to assault the deceased. It is found from the materials in the case diary that on the date of occurrence she assaulted the deceased with her slippers on the open road and provoked him to commit suicide. Immediately, thereafter, the deceased returned to his house, closed the room from inside, committed murder of his elder son and then committed suicide. Materials in the case diary do not inspire us to grant anticipatory bail to the petitioner.

Thus, the prayer of anticipatory bail is rejected. The application for anticipatory bail being CRM 3064 of 2021 is thus dismissed.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)