Sekh Iyaran v. State Of West Bengal

09.11.2022 Serial no. 24 [Dd] (Anticipatory bail) Allowed) CRM (A) 5078 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with G. R. Case no. 1703 of 2022 arising out of Shyampur Police Station Case No. 316 of 2022 dated 17.07.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Sekh Iyaran ... ... Petitioner Mr. Sudip Banerjee, Advocate ... ... For the Petitioner Mr. Binoy Panda, Mr. Subham Bhakat, Advocates ... ...For the State Leave is granted to the learned advocate for the petitioner to correct the cause title of the petition. It is claimed on behalf of the petitioner that the husband committed suicide.

The postmortem report of the victim suggests that the victim committed suicide.

There is a statement recorded under Section 164 of the Criminal Procedure Code which also suggests that the victim committed suicide.

Police filed charge sheet.

In such circumstances, 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/- (Rupees Ten Thousand Only), 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 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5078 of 2022 is disposed of.

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