Calcutta High CourtCRM (A)/1809/2023allowed

Kamala Das And ANR v. State Of West Bengal

2023-05-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

01.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1809 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station vide First Information Report Case No. 41 of 2023 dated 28.02.2023 under Sections 306/34 of the Indian Penal Code.

And In the matter of : Kamala Das & anr.

...... petitioners Ms. Devi Priya Mitra ....for the petitioners Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das, Ms. Eshita Dutta ....for the State Petitioners are the sisters-in-law of the victim. Apparently, the victim committed suicide.

There is a statement of the child of the victim recorded under Section 161 of the Criminal Procedure Code. In such statement, the child stated that there was an altercation between the petitioners and the victim. Thereafter, the victim committed suicide.

The materials in the case diary does not at this stage suggest that there was any abetment on the part of the petitioners in the suicide committed by the victim. In such circumstances, we 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/- (Rupees Ten Thousand only) each, with two sureties of like amount each, 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 and on further condition that the petitioners will cooperate with the Investigating Officer and on condition that the petitioners will appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)