Jyotsna Patra v. State Of West Bengal

52.

08.10.2021 Ct.32 Tanmoy Allowed C.R.M. 3760 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20/05/2021 in connection with Nischinda Police Station Case No. 34 of 2021 dated 09/02/2021 under Sections 498A/304B/34 of the Indian Penal Code.

And In the matter of: - Jyotsna Patra & Ors.

...petitioners.

Mr. Mrityunjoy Chatterjee, Md. Golam Nure Imrohi, Mr. Debapriya Majumder ...for the petitioners.

Mr. Bidyut Kumar Ray, Ld. Sr. Adv., Ms. Rita Dutta ...for the State.

The petitioner no.4 is the mother-in-law of the victim lady and the other petitioners are members of the family of the victim's husband. The petitioners say that they have no role to play in the death of the victim who committed suicide by hanging herself. The husband and the father-in-law of the victim lady were taken into custody by the Police and were subsequently enlarged on bail by the learned trial Court. We have seen the material in the Case Diary including the statements of witnesses. The allegations are general in nature. There is no specific allegation implicating these petitioners. We also note that some of the petitioners are aged ladies. On an overall assessment of the material on record and the facts and circumstances of the case, we are of the view that immediate custodial interrogation of the petitioners is not

necessary so long as they co-operate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners, viz., 1. Jyotsna Patra, 2. Sangita Patra, 3. Srikanta Patra, 4. Anima Patra 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 the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

And on further condition that the petitioner no.3 shall meet the Officer-in-Charge of the concerned Police station once in every fortnight until further orders.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 3760 of 2021 is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)