Calcutta High CourtCRM (A)/2207/2023allowed

Chaya Rani Mondal @ Chhaya Mondal v. State Of West Bengal

2023-06-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2207 of 2023 12.06.2023 Sl. 96 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bharatpur Police Station Case No. 110 of 2023 dated 29.03.2023 under Sections 498A/323/325/354/302/34 of the Indian Penal Code.

And In the matter of: Chaya Rani Mondal @ Chhaya Mondal ....petitioner.

Ms. Minoti Gomes Md. Hafiz Ali ...for the petitioner.

Mr. Debabrata Chatterjee, learned APP Mr. Santanu Chatterjee ...for the State.

1. Heard learned Counsel for both the parties.

2. Petitioner is the mother-in-law of the deceased who is alleged to have died due to suicidal hanging. The post mortem report in the Case Diary reveals that there is no external bodily injury except the ligature mark on the dead body of the deceased. Deceased is said to have died after 26 years of her marriage and her husband is stated to be in custody.

3. Learned Counsel for the State submits that the present petitioner being mother-in-law has provoked the deceased to commit suicide though there is nothing on record regarding demand of dowry.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, omnibus allegation of the neighbours regarding the fact and substantial progress of the investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest on such terms and conditions as deemed just and

proper in the facts and circumstances of the case in connection with Bharatpur P.S. case No. 110 of 2023 dated 29.03.2023 including the conditions that i) liberty is given to the I.O. to come to the house of the petitioner as she is stated to be bed ridden for oesteo-arthritis within three weeks from the date of receipt of the order of a server copy or certified copy of this order from the agent of the petitioner.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2207 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)