Samaun Hossain @ Samayun Hossain v. State Of West Bengal

17.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 2020 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Harirampur Police Station Case No. 130 of 2021 dated 02.07.2021 under Sections 306/506/34 of the Indian Penal Code, 1860.

And In the matter of : Samaun Hossain @ Samayun Hossain ...... petitioner Md. M. Nazar Choudhury, Mr. Sakhawat Khandakar, Ms. Swati Jha ....for the petitioner Mr. Narayan Prasad Agarwala, Mr. Pratick Bose ....for the State Apparently, the victim committed suicide as transpiring from the materials of the Post Mortem Report. Police filed charge-sheet.

As to whether, the petitioner abetted in the commission of the suicide or not is debatable.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 petitioner shall 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 petitioner 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.)