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Calcutta High CourtCRM (A)/2950/2025allowed

Usha Majhi v. State Of West Bengal

2025-09-12Hon'Ble Justice Jay Sengupta2 pages

12.09.2025 Court No.28 Item No.59 ssi CRM (A) 2950 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Katwa PS Case No.224 of 2025 dated 28.03.2025 under Section 108 of the BNS 2023.

And In the matter of: Usha Majhi ....Applicant/Petitioner.

Mr. Sourav Chatterjee, Sr. Adv.

Ms. Namrata Chatterjee ...for the petitioner Mr. Bibaswan Bhattacharya Mr. Santanu Talukdar ...for the State Learned senior counsel appearing on behalf of the petitioner submits as follows. The petitioner is the wife of the victim deceased. The father of the victim complained that the petitioner had abetted the suicide of the victim. The marriage between the couple took place in January 2020. The petitioner often suffered torture. On a particular day in March 2025, the husband came back home intoxicated beat of the petitioner. She was driven out of her house. She filed an application for maintenance allowance after starting to reside at her paternal house. It was during such period that the husband committed suicide.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to statements of witnesses and the post mortem report.

It is the prosecution case that when the husband came to meet the relative of the wife who was admitted at a hospital, he found the petitioner in a compromising position with her paramour. It will be for the Court to finally decide whether there is any element of abetment of suicide.

However, considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required and I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

However, 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, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate witnesses and shall co-operate with investigation. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)