Kartick Ghosh v. State Of West Bengal

02.08.2022 Serial no.39 Aloke CRM (A) 3682 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 649 of 2022 dated 30.06.2022 under Sections 498A/306/34 of the Indian Penal Code.

-AndIn the matter of : Kartick Ghosh ... ... Petitioner Ms. Karabi Roy, Advocate ... ... For the Petitioner Mr. Sudip Kumar, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the victim committed suicide. The police complaint was lodged after 11 years of marriage.

Learned Advocate appearing for the State draws the attention to the materials in the case diary including the postmortem report of the victim.

The postmortem report of the victim suggests death by committing suicide.

Considering the fact that the police complaint was lodged 11 years after marriage and considering the fact that the victim committed suicide as prima facie appearing from the postmortem report, we are inclined to 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/- (Rupees Ten Thousand Only), 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 condition that the petitioner shall meet the Investigating Officer once in a week till the conclusion of the investigation 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3682 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)