Subrata Singha And ORS v. State Of West Bengal

09.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5085 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandannagore Police Station Case No. 164 of 2022 dated 19.07.2022 under Sections 306/34 of the Indian Penal Code, 1860.

And In Re : Subrata Singha & Ors.

...... petitioners Mr. Rathin Santra ....for the petitioners Mr. Suman Chakraborty ....for the de-facto complainant Mr. Abhra Mukherjee Mr. Dipankar Mahata ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband committed suicide.

Learned advocate appearing for the State draws the attention of the Court to the post mortem report of the victim and to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

Learned advocate appearing for the de-facto complainant submits that, the death occurred within three months of marriage.

The post mortem report of the victim suggests that the victim committed suicide.

The 164 Cr.P.C. statement of the victim also claims that there was a suicide.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner no. 1 (Subrata Singha) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos. 2 (Soma Singha) and 3 (Sweety Singha (Pradhan) shall cooperate with the Investigating Officer till the conclusion of 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)