Sumita Roy v. State Of West Bengal

10.09.2020 CRM 6379 of 2020 IA No. CRAN 1 of 2020 Court No.8 (Via Video Conference) Item 28 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdaha Police Station Case No. 96 of 2020 dated 19.03.2020 under Sections 306/34 of the Indian Penal Code. sg Sumita Roy & Anr.

Versus

The State of West Bengal Allowed Mr. Sananda Bhattacharyya, Adv.

...for the Petitioners.

Mr. Bidyut Kr. Roy, Adv.

Miss. Rita Datta, Adv.

...for the State.

The petitioners undertake to affirm and stamp the petition/application as per the Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up through video conference. CRAN 1 of 2020 is accordingly disposed of.

It is submitted on behalf of the petitioners that there was a love affair between the petitioner no.1 and the victim boy. Subsequently, the victim committed suicide. Ingredients of the offence punishable under Section 306 of the Indian Penal Code are not disclosed in the facts of the case. Learned lawyer for the State opposes the prayer for anticipatory bail. Having considered the materials on record and keeping in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioners as the victim had not left behind any suicide note implicating the petitioners, 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 bail upon furnishing a bond of Rs. 10,000/- 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. The application for anticipatory bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)