Koushalya Gope v. State Of West Bengal
09.10.2020 DL No.57 Court No.23 am CRM 7537 of 2020 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 Dubrajpur P.S. Case No.173/2020 dated 19.09.2020 under Sections 498A/306 of the Indian Penal Code.
And In the matter of: Koushalya Gope & Ors.
....Petitioners.
Mr. Kunal Ganguly ...for the Petitioners.
Ms. Faria Hossain, Mr. Mirza Firoj Ahmed Begg ...for the State.
The petitioners undertake 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 CRAN 1 of 2020 is disposed of.
The in-laws of the deceased are the applicants. The learned Counsel appearing on behalf of the petitioners submits that after 10 years of marriage the victim has committed suicide and a police complaint has been lodged by the father of the victim.
The learned Counsel appearing on behalf of the State however opposes the prayer for anticipatory bail of the petitioners. It is submitted that it would be evident from the version of the defacto complainant that the victim was mentally
tortured for the last several years and she ultimately succumbed to that. However, she submits that in the absence of the postmortem report, the exact involvement of the petitioners could not be ascertained.
Having considered the materials on record available in the case diary and the fact that the lady had died at her paternal house and the nature and extent of complicity in the commission of the alleged offence, we are inclined to grant anticipatory bail to the petitioners. In the event of arrest the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C.
It is further directed that the petitioners no. 3 and 6 shall meet the I.O. of the case once in a week and shall co-operate with the investigation.
The application for anticipatory bail being CRM 7537 of 2020 is allowed.
All parties are to act on a website copy of this order on the usual undertaking.
(Saugata Bhattacharyya, J.) (Soumen Sen, J.)