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Calcutta High CourtCRM (A)/1137/2025allowed

Beauty Mandal Das v. State Of West Bengal

2025-04-10Hon'Ble Justice Jay Sengupta2 pages

10.04.2025 Court No.28 Item No.14 tbsr Allowed CRM (A) 1137 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Malda P.S. Case No.658 of 2024 dated 14.09.2024 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Beauty Mandal Das ....Petitioner.

Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. Arpayan Mukherjee Mr. Swakshar Kumar Mondal Mr. Himadree Ghosh ...for the petitioner.

Mrs. Subhasree Patel Mrs. Mamata Jana .....for State Learned counsel representing the petitioner submits as follows. The petitioner is the wife of the victim deceased. The victim had taken loans from several persons and the family was under some stress. Out of such depression, the petitioner committed suicide. But the mother of the victim lodged an FIR against the victim's wife and all her relatives.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that there are statements of the relatives of the victim supporting the prosecution case. According to an independent witness, on the previous day there was scuffle between the victim and the informant. The husband beat up the wife. The wife went away with her minor daughter and complained before the police. Sometime later this incident happened. Charge sheet has been submitted.

Considering the materials available in the case diary, I am inclined to allow the application for anticipatory bail. Accordingly, I 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, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)