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Calcutta High CourtCRM (A)/3039/2023allowed

Sudeb Biswas And ANR v. State Of West Bengal

2023-08-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

21.08.2023 (M/L 241) Ct. No.29 Allowed (SKB) CRM (A) 3039 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Krishnagar Kotwali P.S. Case No.179 of 2023 dated 27.02.2023 under Sections 498A/304B/34 of the Indian Penal Code.

In the matter of : Sudeb Biswas and another ... Petitioners Mr. Prabir Majumder, Mr. Snehansu Majumder ... for the petitioner Mr. Saswata Gopal Mukerji, ld. PP Ms. Faria Hossain, Ms. Baisali Basu ... for the State

1. Heard the learned Counsel for the parties.

2. Petitioner no.2 is the married sister-in-law of the deceased and the petitioner no.1 is the husband of the petitioner no.2. The deceased is alleged to have committed suicide within two years of her marriage. There is allegation of some abetment on the part of the father-in-law and mother-in-law of the deceased but there is nothing on record to show the present petitioners' action had any proximate relationship with the commission of suicide of the deceased at least prima facie.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each of the petitioner shall surrender before the

learned CJM, Sadar Krishnagar, Nadia in connection with the aforesaid P.S. case within 15 days from today. On their surrender and application for bail, they shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. The application being CRM(A) 3039 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)