Rimi Saha @ Rumpa Saha v. State Of West Bengal
06.06.2022 tkm/ct 28 C.R.M. (DB) 1356 of 2022 sl no. 30 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dhantala P.S Case no. 242 of 2022 dated 25.4.2022 under sections 306/34 of the Indian Penal Code And Allowed In Re : Rimi Saha @ Rumpa Saha ........ petitioner Ms. Sananda Bhattacharyya ...... for the petitioner Mr. S G Mukherjee, Ld PP Mr. P P Das Mrs. Manasi Roy ...... for the State Petitioner is in custody for 38 days and it is submitted that ingredients of offence punishable under section 306 IPC are not disclosed in the facts of the case.
Learned lawyer for the State opposes the prayer for bail and submits that the victim committed suicide after the petitioner had declined to marry him.
We have considered material on record. Victim did not leave behind any suicide note implicating the petitioner. Whether the conduct of the petitioner would constitute abetment to suicide requires to be assessed during trial. Under such circumstances, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner 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 learned ACJM, Ranaghat, Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not
intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1356 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)