Arpita Biswas And ORS. v. State Of West Bengal

03.01.2024 Item No.78 Ct. No. 29 CHC Allowed C.R.M.(A) 4392 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 493 of 2023 dated 17.06.2023 under Sections 306/34 of the Indian Penal Code.

And In the matter of : Arpita Biswas @ Jaya Biswas & ors. ...... petitioners Mr. D. N. Chatterjee, Mr. R. K. Biswas, Mr. P. C. Poddar, Mr. Santanu Mondal ....for the petitioners Mr. P. K. Datta, Ld. A.P.P.

Mr. Santanu Deb Roy ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioners.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

Husband committed suicide within five years of marriage.

The role of the petitioners before us in the abetment if there be any, in the commission of suicide of the victim are issues which will be decided at the trial, if raised. In such circumstances, we confirm the interim order dated October 16, 2023 passed by co-ordinate Bench. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) 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 petitioners will cooperate with 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. CRM(A) 4392 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)