Smt Paromita Mahajan And ORS v. State Of West Bengal

20.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4481 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Titagarh Police Station Case No. 885 of 2021 dated 11.12.2021 under Sections 494/306/34 of the Indian Penal Code, 1860.

And In Re : Smt. Paromita Mahajan & Ors.

...... petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas ....for the petitioners Mr. Debasis Kar ....for the de-facto complainant Mr. Avishek Sinha ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband committed suicide. There are number of litigation pending including police complaint. There is a proceeding for divorce also.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Learned advocate appearing for the de-facto complainant submits that, the police did not take steps despite charge-sheet being submitted.

Considering the fact that there are number of proceedings pending and considering the fact that the post mortem report of

the victim suggests that the death by suicide, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 and on further condition that the petitioner no. 3 (Soumyadeep Saha) shall meet the Investigating Officer as and when called for till the conclusion of the investigation and petitioner nos. 1 (Smt. Paromita Mahajan) and 2 (Smt. Mithu Biswas) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)