Sanjeeb Kumar v. The State Of West Bengal

11.06.2024 SL No.21 Court No.29 TN (Allowed) CRM (A) 1862 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Jamuria Police Station Case No.16 of 2024 dated 08.01.2024 corresponding to G.R. No. 125 of 2024 under Sections 498A/304B/120B of the Indian Penal Code.

And In the matter of : Sanjeeb Kumar - petitioner.

Mr. Apurba Kumar Datta ....for the petitioner.

Ms. Sayanti Santra, Ms. Jonaki Saha ... for the State.

1. The petitioner is the elder brother of the husband of the deceased. Apparently the victim committed suicide. The learned Counsel for the petitioner submits that the petitioner is falsely implicated. It is further submitted that the sister-inlaw and the husband of the sister-in-law of the victim were granted anticipatory bail on 19th April, 2024 and the petitioner stands on the same footing.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail refers to the statement of the neighbours to suggest that the petitioner is responsible for the said suicide.

3. The charge sheet has already been filed in the meantime on 31st March, 2024.

4. Accordingly, the custodial interrogation of the petitioner is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sanjeeb Kumar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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. The petitioner shall co-operate with the investigation and on 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.

6. The application for anticipatory bail is, thus, allowed.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)