Asmantara Begam And ANR. v. State Of West Bengal

07.05.2025 Court No.28 Item No.34 tbsr Allowed CRM (A) 1508 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pursurah P.S. Case No.71 of 2025 dated 19.03.2025 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Asmatara Begam & Anr.

....Petitioners.

Mr. Subhajit Manna Mr. Shaunak Mondal ...for the petitioners.

Mr. Arindam Sen Mr. Parvej Anam .....for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no. 1 is the wife of the victim deceased and the petitioner no. 2 is her mother. The petitioners are not in any way responsible for the suicide committed by the victim deceased. Learned counsel appearing on behalf of the State relies on the case diary and refers to the statements of witnesses including that of neighbours and that of the mother of the victim recorded before the Magistrate.

It is for the Courts to finally decide whether any abetment was there for the commission of suicide.

However, considering the nature of allegations and the alleged roles ascribed to the petitioners, I do not think that custodial interrogation of the petitioners is required in this case.

In the event of arrest, the petitioners 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall cooperate with investigation and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)