Calcutta High CourtCRM/7445/2020allowed

Pinki Roy v. State Of West Bengal

2020-10-062 pages

(via Video conference) 45 06.10.2020 CRM 7445 of 2020 Dd with CRAN 1 of 2020 In Re - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Noapara Police Station case no. 227 of 2020 dated 12.04.2020 under Sections 306/34 of the Indian Penal Code.

In the matter of : Smt. Pinki Roy & Ors.

.....Petitioners Mr. Debasis Kar Mr. Subhajit Chowdhury Mr. Husen Mustafi .... ....for the Petitioners Mr. S. G. Mukherjee Mr. Aniket MItra ... ...For the State The petitioners undertake to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking. Accordingly, the application being CRAN 1 of 2020 stand disposed of. The petitioner no. 1 is the wife of the deceased, the petitioner nos 2 and 3 are the in-laws of the deceased. The learned counsel for the petitioners submits that the petitioners are no way involved in the commission of the alleged offence. The complaint lodged by the petitioner no. 1 under Section 498A against her husband (since deceased) for which an order was passed on 10th September, 2020 granting interim bail. Learned counsel for the State submits that there are materials against the petitioners and it was because of the mental torture of the petitioners jointly and severally that the husband committed suicide.

Having considered the materials on record and the materials available as against the petitioner, we feel that custodial interrogation of the petitioners is not required and we allow the application for anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners be released on anticipatory bail upon furnishing a bond of Rs. 10,000/- (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 Code, 1973 and on further condition that the petitioner no. 2 shall meet the Officer-in-charge once in a week until further orders. They shall pray for regular bail within 30th November, 2020 The application for anticipatory bail is allowed. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)