Asraful Mallick v. State Of West Bengal

27.11.2020 b.das CRM 7201 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.378 of 2020 dated 11.09.2020 under Sections 498A/302/120B of the Indian Penal Code.

And In the matter of: Asraful Mallick & Ors.

....Petitioners.

Ms. Karabi Roy ...for the Petitioner.

Mr. Saibal Bapuly, APP Ms. Sayanti Santra ...for the State.

It is submitted on behalf of the petitioner that an illicit affair developed between the petitioner No.4, brother-in-law of the deceased and the said deceased. Due to depression, they tried to commit suicide. Unfortunately, the victim succumbed to her death. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the nature of allegations in the light of aforesaid submissions made on behalf of the petitioner and as the victim had not left any suicide note implicating the petitioners, one of whom had also suffered burn injuries, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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.

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.)