Asish Majhi v. State Of West Bengal

21.10.2020.

Court No.03 Serial No.148 rpan (Allowed).

C.R.M. 8411 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalna P.S. Case No. 303 of 2020 dated 03.06.2020 under Section 306 of the Indian Penal Code .

And In re : Asish Majhi @ Pappu ... Petitioner. Ms. Sonali Das ...for the Petitioner Ms. Faria Hossain, Ms. Baisali Basu ...for the State.

It is submitted on behalf of the petitioner that there was a domestic quarrel and ingredients of the offence punishable under Section 306 of the Indian Penal Code are not disclosed. It is further submitted exhortations made in the course of quarrel cannot be treated as abetment to suicide.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record and keeping in mind the nature of allegations in the light of the aforesaid submissions made on behalf of the petitioner and as the victim had not left behind any suicide note implicating the petitioner, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting

officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this court. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)