Debanjana Banik @ Diya Banik v. The State Of West Bengal

30.09.2024 Court No.29 Item No. 24 Allowed sg CRM (A) 3474 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of Bhartiya Nagrik Suraksha Sanhita, in connection with Bongaon Police Station Case No. 418 of 2023 dated 04.05.2023 under Sections 306/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas. And In Re: Debanjana Banik alias Diya Banik Petitioner Mr. Sankar Paul Mr. Arun Kumar Das Ms. Kumari Shipra Roy For the Petitioner Mr. Binoy Panda Mr. Sharequl Haque For the State

1. The petitioner is the wife of the deceased. The mother-in-law is the defacto complainant.

2.

We have heard the learned Counsel for the parties. 3.

Considering the materials available in the case diary, nature of the dispute and the nature and extent of complicity of the petitioner in the commission of alleged offence and also having regard to the postmortem report and the statement of the mother-in-law, we are of the view that the custodial interrogation of the present petitioner is not necessary. 4.

Accordingly, we direct that in the event of arrest, the present petitioner, namely, Debanjana Banik alias Diya Banik, shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also 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 Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall meet the Investigating Officer as and when required following the norms applicable to a woman accused till the submission of the final report. The petitioner shall appear before the jurisdictional Court within ten days from date. 5.

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

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.)