Satya Ghosh @ Satyanarayan Ghosh And ORS v. State Of West Bengal
16.04.2025 SL.20 Ct.No.28 NB CRM (A) 1191 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jiaganj P.S. Case No.475 of 2024 dated 06.12.2024 under Section 108/3(5) of the Bharatiya Nyay Sanhita, 2023 pending before the Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. And In the matter of: Satya Ghosh @ Satyanarayan Ghosh & Ors. .... petitioners Mr. Partha Sarathi Mondal, Mr. Kingsuk Mondal.
...for the petitioners.
Mr. Bitasok Banerjee, Mr. Ronit Mukherjee.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the father in law, the mother in law and the wife of the victim deceased. The brother of the victim made an allegation against the petitioners of abetment of suicide. There was no abetment whatsoever. However, there was a family dispute going on. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer. He refers to the suicide note of the victim, among other things.
From the suicide note, it appears that the victim had held the parents in law responsible for the death because they had allegedly assaulted him and taken away his wife and two children. Moreover, while the incident of taking away the wife and the children took place on 16.11.2024, the husband committed suicide on 05.12.2024.
It is for the Trial Court to decide whether the above referred acts would at all amount to abetment of suicide.
However, considering the nature of allegations and the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer subject to condition not to threaten or intimidate witnesses and to cooperate with the Investigating Officer. The application for anticipatory bail being CRM(A) 1191 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)