Calcutta High CourtCRM (A)/5530/2022allowed

Sumana Bibi @ Sumana Khatun v. State Of West Bengal

2022-11-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

29.11.2022 Serial no.35 Aloke CRM (A) 5530 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 511 of 2022 dated 29.10.2022 under Sections 341/323/379/306/34 of the Indian Penal Code.

-AndIn the matter of : Sumana Bibi @ Sumana Khatun ... ... Petitioner Mr. Biswajit Manna, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, ld. APP Ms. Sonali Das, Advocate Mr. Subrata Roy, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Apparently, the victim committed suicide.

There are three statements recorded under Section 164 of the Code of Criminal Procedure in the case diary. The statements suggest that the petitioner was taking bath of which the victim was making a video photography in his mobile. The victim was accosted during such incident by some persons of the neighbourhood when the incident developed.

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 condition that the petitioner will cooperate with the investigation 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) 5530 of 2022 is disposed of.

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