Jyotsna Ghosh v. State Of West Bengal

17.12.2021 tkm/ct 28 C.R.M. 8056 of 2021 sl no. 70 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nabadwip P.S case no. 355 of 2021 dated 13.8.2021 under sections 498A/304B/34 of the Indian Penal Code and sections 3/4 of the DP Act And Allowed In Re : Jyotsna Ghosh ...... petitioner Mr K K Mukherjee ...... for the petitioner Mr. Arijit Ganguly Mr. A Ghatak ...... for the State It is submitted on behalf of the petitioner that she is the mother in law of the victim housewife. It is further submitted that the housewife is in custody.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegations of torture upon the housewife are general and omnibus in nature. Whether the petitioner subjected the housewife to torture soon before her unnatural death requires to be assessed during trial. Under such circumstances, 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/- 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.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 8056 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)