Mousumi Halder v. State Of West Bengal

28.06.2024 Court No.29 Item No. 22 Allowed sg CRM (A) 2004 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnagar-Kotwali Police Station Case No. 195 of 2024 dated 28.02.2024 under Sections 306/34 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate Krishnanagar at Nadia.

And In Re: Mousumi Halder.

Petitioner Mr. Sumanta Das For the Petitioner Ms. Sreyashree Biswas For the State

1. The petitioner is the sister-in-law of the deceased. It is submitted that the petitioner is innocent. The elder sister of the petitioner was initially arrested and subsequently released on bail.

2.

The learned Counsel for the State has referred to the suicide note and the statement of a neighbour recorded under Section 164 of the Code of Criminal Procedure.

3.

Considering the materials available in the case diary, the statement of the neighbour and the fact that the wife of the deceased against whom allegation of illicit relationship has been made by the complainant and also having regard to the fact that the charge sheet has been filed, we are of the view that custodial interrogation of the present petitioner is not necessary. Signed By :

SANJIB GHOSH High Court of Calcutta 28 th of June 2024 05:14:49 PM

4.

Accordingly, we direct that in the event of arrest the petitioner namely, Mousumi Halder, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, to the satisfaction of learned Chief Judicial Magistrate, Krishnanagar at Nadia and also 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 approach the learned Trial Court within two weeks from date.

5. It is further directed 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed. 7.

CRM (A) 2004 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)