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Calcutta High CourtCRM/3798/2021allowed

Deepika Das @ Dipika Das v. State Of West Bengal

2021-10-08Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

58.

08.10.2021 Ct.32 Tanmoy Allowed C.R.M. 3798 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 27/05/2021 in connection with Raiganj Police Station Case No. 68 of 2021 dated 29/01/2021 under Sections 498A/304B of the Indian Penal Code.

And In the matter of: - Deepika Das @ Dipika Das ...petitioner.

Mr. Kaushik Choudhury ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Ms. Faria Hossain, Mr. Aniket Mitra ...for the State.

The petitioner is the mother-in-law of the victim lady who is said to have committed suicide by hanging. She says that she has no role to play in the death of the victim lady. She treated the victim with a lot of affection.

We have seen the 'suicide note' left behind by the victim lady. She implicates nobody. We have also seen the statement of the victim's father recorded under Section 164 of the Code of Criminal Procedure. There is only a very general allegation of torture against the husband's family members. On an overall consideration of the facts and circumstances of the case and the material on record, we are of the view that immediate custodial interrogation of the petitioner may not be necessary so long as she co-operates with the Investigating Officer.

Accordingly, in the event of arrest, the petitioner, viz., Deepika Das @ Dipika Das shall 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 arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. In case the petitioner fails 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. 3798 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.)