Calcutta High CourtCRM/6853/2020allowed

Chanchala Biswas v. State Of West Bengal

2020-09-28Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

28.09.2020 SL No.26 AP CRM 6853 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 Bamongola P.S. Case No.251 of 2019 dated 19.10.2019 under Sections 498A/306/34 of the Indian Penal Code.

And In the matter of: Chanchala Biswas ....Petitioner.

Mr. Arup Bhowmick ...for the Petitioner.

Ms. Z.N. Khan, Ms. Manisha Sharma ...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 she is a married sister-in-law of the victim housewife and she did not ordinarily reside at the matrimonial home of the victim.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim was subjected to mental and physical torture by the petitioner and other in-laws.

We have considered the materials on record. Allegation of participation of the petitioner in the torture of the victim housewife is to be assessed in view of the fact that she did not ordinarily reside at the matrimonial home of the victim. In view of the aforesaid fact and as none of the statements specifically state that the petitioner was in the matrimonial home on or before the day when the victim

committed suicide, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner 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.

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. (Kausik Chanda, J.) (Joymalya Bagchi, J.)