Bina Mahaldar Sutradhar v. State Of West Bengal

11.12.2024 Sl. No.15 akd [ALLOWED] C. R. M. (A) 4254 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 27.11.2024 in connection with Malda Police Station Case No.573 of 2024 dated 11.08.2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023. And In Re: Bina Mahaldar Sutradhar ... ... Petitioner Mr. Bibhasaditya Chakrabarty ... ... for the petitioner Mr. Bitasok Banerjee Mr. Tirupati Mukherjee ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Petitioner's husband committed suicide owing to dispute over custody of child. No suicide note has been left behind implicating the petitioner. It is to be assessed at the appropriate stage of the proceeding whether conduct of the petitioner amounts to abetment to suicide. Under such circumstances, we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and she may be granted anticipatory bail.

3.

Accordingly, we direct in the event of arrest, the petitioner, namely, Bina Mahaldar Sutradhar, 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 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of December 2024 04:49:52 PM

4.

The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of December 2024 04:49:52 PM