Md Wahidujjaman @ Md Ohadiduzzman v. State Of West Bengal

15.09.2020 SL No.36 AP CRM 6520 of 2020 With IA No: CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Paikar P.S. Case No.34/2020 dated 03.02.2020 under Section 306 of the Indian Penal Code.

And In the matter of: Md. Wahidujjaman @ Md. Ohadiduzzman ....Petitioner.

Mr. Bitasok Banerjee ...for the Petitioner.

Mr. Imran Ali, Mr. M.F.A. Begg ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being IA No: CRAN 1 of 2020 is disposed of.

It is submitted on behalf of the petitioner that parents of the victim girl were opposed to the marriage between the petitioner and the said girl. They pressurized her to marry another person. As a result, she committed suicide.

On the other hand, Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim was unwilling to continue the relationship and the petitioner started harassing her. Consequentially, she committed suicide.

We have considered the materials on record in the light of the rival submissions on behalf of the parties with regard to the cause of suicide of the victim. Which version is true may be assessed at

the appropriate stage of the proceedings. Keeping in mind the aforesaid facts and as the victim girl did not leave behind any suicide note implicating the petitioner, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner namely Md. Wahidujjaman @ Md. Ohadiduzzman 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 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the investigating officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)