Renu Shee @ Ranu Shee @ Renuka Shee And ORS. v. The State Of West Bengal
29.08.2024 Court No.29 Item No. 02 Allowed ar CRM (A) 2966 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Egra Police Station Case No. 435 of 2024 dated 05.07.2024 corresponding to GR(E)No. 709 of 2024 under Sections 306/34) of the B.N.S, 2023.
And In Re: Renu Shee @ Ranu Shee @ Renuka Shee & Ors. Petitioners Mr. Soumyajit Das Mahapatra Mr. Abdul Aziz Mondal For the Petitioners Mr. Bitashok Banerjee Ms. Sana Naaz For the State
1. Learned counsel for the petitioners submits that the petitioners are relations of younger son of the deceased and the dispute is essentially between the de-facto complainant and his younger son and the daughter of the de-facto complainant.
2. Learned counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the witnesses including the de-facto complainant and submits that due to instigation and mental and physical torture by the son, daughter-in-law and family members of the daughterin-law the wife of the de-facto complainant had committed suicide.
3. Considering the materials available in case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the statement of the witnesses which does not specifically implicate the petitioner and the main allegation appears to be
against the son and daughter-in-law of the de-facto complainant, we are of the view that custodial interrogation of the petitioners is not necessary.
4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Renu Shee @ Ranu Shee @ Renuka Shee, Tarun Shee @ Tarun Kumar Shee and Himangshu Giri @ Himanshu Giri @ Himangshu Sekhar Giri shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023. The petitioner nos. 2 and 3 shall meet the Investigating Officer once in a week till the submission of the final report and the petitioner no.
1 shall cooperate with the investigation till the submission of the final report and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur, within two weeks from date in connection with GR(E)No. 709 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.
5. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.
6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Soumen Sen, J) (Uday Kumar, J)