Namita Gorai v. State Of West Bengal

C.R.M. (A) 3446 of 2023 21.09.2023 SL. 7 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Saltora P.S. Case No. 29 of 2023 dated 07.04.2023 under Sections 498A/304B/302/34 of the IPC pending before the learned CJM, Bankura.

And In the matter of: Namita Gorai ....petitioner.

Mr. Soumik Ganguli Mr. Sourat nandy ...for the petitioner.

Mr. S. G. Mukherji, PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Advocate for both the parties.

2. The present petitioner is the mother-in-law of the deceased housewife who admittedly had committed suicide on 06.04.2023. On perusal of the entire materials as available in the C.D. it reveals that there are statements of the witnesses that the present petitioner being the mother-in-law took active role in inflicting torture upon the victim housewife but prima facie those allegations appears to be in the fringe.

3. Charge-sheet is stated to have been submitted.

4. In view of such, there is no further requirement of custodial interrogation of the present petitioner.

5. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Bankura within 15 days from today in the G.R. case arising out of aforesaid P.S. case.

6. On her appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

7. The learned CJM, Bankura is directed to act upon the server copy of this order, if required.

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

9. The application being CRM (A) 3446 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)