Sarmin @ Sharmin Banu v. State Of West Bengal

24.04.2024 Item No.4 Ct. No. 29 CHC Allowed C.R.M.(A) 1062 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Banshihari Police Station Case No. 166 of 2023 dated 10.07.2023 under Sections 306/34 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Buniadpur, Gangarampur, Dakshin Dinajpur.

And In the matter of : Sarmin @ Sharmin Banu ...... petitioner Ms. Jeenia Rudra ....for the petitioner Mrs. Faria Hossain, Mr. Nirupam Dhali ....for the State Petitioner prays for anticipatory bail.

Apparently, the victim committed suicide.

It is claimed that, there was a relationship between the petitioner and the person who committed suicide. As to whether, the petitioner abetted in the commission of such suicide may be decided at the trial.

Materials in the Case Diary does not suggest requirement of placing the petitioner in custody at this stage. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 24 th of April 2024 06:37:14 PM

officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner will cooperate with the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 1062 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)