Baishali Samanta @ Baishali Maparu Samanta v. State Of West Bengal

04.01.2024 Serial no.63 Anticipatory bail [Allowed] Dd CRM (A) 4477 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sabang Police Station Case No. 185 of 2023 dated 29.06.2023 under Sections 306/34 of the Indian Penal Code, 1860. (G.R. Case No. 2042/2023 ) -AndIn the matter of : Smt. Baishali Samanta @ Baishali Maparu Samanta ... ... Petitioner Mr. Indrajeet Dasgupta, Ms. Puspita Bhowmick, Advocates ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh, SGA Mr. Asraf Mondal, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Postmortem report of the victim suggests that the victim committed suicide.

Petitioner is the wife of the victim.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code of the parents of the victim.

Such statement suggests that the petitioner before us was allegedly putting pressure on the victim to part with the immovable properties of the victim in favour of the petitioner. As to whether such an action constitutes abatement for commission of suicide is a matter which may be decided at the trial, if raised.

Custodial interrogation of the petitioner is not felt. In such circumstances, we confirm the interim order granted on October 16, 2023.

Consequently, we 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 cooperate with the investigations till the conclusion of the investigation 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) 4477 of 2023 is disposed of.

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