Mononita Biswas v. State Of West Bengal

CRM 6515 of 2020 30.09.2020 Court No. 16 (Via Video Conference) Item No. 14 abhar/bdatta In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat G.R.P.S. Case No. 11 of 2020 dated 02.08.2020 under Sections 306/34 of the Indian Penal Code.

and (antibail - allowed) In the matter of: Mononita Biswas ...... Petitioner Mr. Soubhik Mitter, Ms. Rajnandini Das.

......for the Petitioner Mr. Anwar Hossain Mr. Firoj Ahmed Begg.

...... for the State Mr. Anjan Bhattacharya Mr. P. S. Mondal, Ms. Anita Shaw.

.... For the Defacto Complainant It is submitted by the learned advocate for the petitioner that the wife/petitioner has been falsely implicated in this case without any overt act being performed on her part. The basic allegation raised against the petitioner is that she abated her husband to commit suicide after pressurizing him to transfer property in her favour. Deceased victim happens to be a teacher, while the petitioner is a working lady, attached to a Government Office.

Learned advocate appearing for the State raises objection taking support of the materials already collected in the case diary.

Learned advocate representing the defacto complainant submits that it is not a fit case, where the petitioner should be favoured with an anticipatory bail. It is contended that the deceased victim committed suicide two days after he had visited

to her in-laws house.

Our attention is drawn to the statement of several witnesses already collected and the post-mortem report. Dead body appears to have been recovered from the railway track. Having regard to the facts and circumstances of the case and regard being had to the submissions of the learned advocates for the respective parties and also bearing in mind, the materials already collected in the case diary, we are inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is allowed.

Therefore, we direct that in the event of arrest, the petitioner, namely, Mononita Biswas 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with further conditions that she shall cooperate with the investigation and shall make herself available with the Investigating Officer as and when required.

The application being CRM 6515 of 2020 is allowed. (Subhasis Dasgupta, J.) (Harish Tandon, J.)