Puja Das v. State Of West Bengal

07.09.2021 tkm/ct 29 C.R.M. 5790 of 2021 sl no. 67 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bud Bud P.S Case no. 76 of 2021 dated 6.8.2021 under sections 320B/120B of the IPC And Allowed In Re : Puja Das ...... petitioner Mr. S Syamal ...... for the petitioner Mr. Iqbal Kabir Mr. N Dhali ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that petitioner is the estranged wife of the deceased. She was not staying in her matrimonial home and at least not at the mess where the death occurred.

Learned advocate for the State opposes the prayer for anticipatory bail and draws attention of this Court to the post mortem report as well as the statement recorded under section 161 Cr.P.C.

Considering the facts and circumstances of the case and considering the fact that the deceased was staying at a separate mess at the time of incident and the petitioner was not residing with the deceased in the same mess, we are of the opinion though custodial interrogation of the petitioner is not necessary, she is required to co-operate with investigation in accordance with law. 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 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. The application being CRM 5790 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)