Calcutta High CourtCRM/3638/2021allowed

Rumi Acharya And ANR. v. State Of West Bengal

2021-09-16Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

16.09.2021 Serial no. 96 Dd (Through Video Conference) CRM 3638 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.04.2021 in connection with Kotwali Police Station Case No. 133 of 2021 dated 13.02.2021 under Sections 306/34 of the Indian Penal Code -andIn the matter of : Rumi Acharya & Anr.

...Petitioners

Ms. Karabi Roy, advocate ... ... For the Petitioners Mr. Narayan Prasad Agarwal, Mr. Pratick Bose, advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the son of the deceased used to torment the daughter of the petitioner. Two criminal complaints were filed against the son of the deceased. Apparently, the deceased committed suicide because of the misdeeds of his son.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Cr.P.C.

Considering the facts and circumstances of the case and considering the fact that the petitioners lodged two previous complaints against the son of the deceased, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on anticipatory 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 officer and 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 no. 2, Jayanta Acharya, shall report to the Investigation Officer once in a month until further orders and petitioner no. 1, Rumi Acharya, will cooperate with the investigation of the case and that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

Prayer for anticipatory bail is, thus, allowed. CRM 3638 of 2021 bail is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)