Mithu Ghosh And Another v. State Of West Bengal

17.06.2022 sdas Allowed C.R.M. (A) 2784 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhatar Police Station Case No. 137 of 2021 dated 03.05.2021 under Sections 306/34 of the Indian Penal Code. And In Re : Mithu Ghosh & Anr.

..... petitioners Mr. Santanu Majhi .....for the petitioner Mr. Aniket Mitra ....for the State Heard the learned Counsels appearing for the parties. We have considered the materials on record. Victim had a amorous relationship with one Madhurima Ghosh, the principal accused. She threatened to leak objectionable pictures on social media and extorted money. As a result, victim committed suicide. Said Madhurima Ghosh, the principal accused has been enlarged on bail. Petitioners are the relations of the principal accused. Although petitioners are also named in the suicide note, allegations levelled against them are general and vague. Possibility of exaggeration by the victim to rope in the family members of the principal accused cannot be ruled out. Keeping in mind the extent of complicity of the petitioners in the alleged crime and as principal accused is on regular bail, we are inclined to 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/- 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 condition that the petitioners shall appear before the court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)