Mitali Giri v. State Of West Bengal

30.09.2022 Ct. No. 29 AD/KC allowed C.R.M.(A) 4825 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Belda Police Station Case No. 104 of 2022 dated 19.08.2022 under Sections 302/34 of the Indian Penal Code, 1860. And In Re : Mitali Giri ...... petitioner Mr. Pravas Bhattacharya ....for the petitioner Ms. Zareen N Khan Md. Kutubuddin ....for the State It is contended on behalf of the petitioner that her husband committed suicide out of depression. She prays for anticipatory bail.

Learned advocate for State submits petitioner had an illicit relation with another person. Investigation is in progress. We have considered the materials on record. Victim did not leave behind any suicide note implicating the petitioner. Keeping in mind the aforesaid facts, we are of the opinion though the custodial interrogation of the petitioner may not be necessary, petitioner requires to cooperate with the investigation in accordance with law. Hence, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall available herself as and when called for and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)