Sindhubala Mojumder v. State Of West Bengal

DL 34 25.11.2020 s.biswas CRM 8627 of 2020 (Via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhupguri P.S. Case No. 81 of 2020 dated 03.03.2020 under Sections 498A/304B/34 of the Indian Penal Code.

In the matter of : Sindhubala Mojumder ..... petitioner Mr. Arnab Saha .....For the petitioner Mr. Pawan Kumar Gupta Mr. Nilay Chakraborty Mr. Tapan Chakraborty .....For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that the petitioner had nothing to do with the unnatural death of the victim.

The State says that the petitioner mother-in-law was named in the dying declaration and she is the principal person who tortured and tormented the victim and drove her to commit suicide.

Since it is evident that the victim had committed suicide, it is apparent that the petitioner may not have had any direct role therein. Even if the worst is assumed against the petitioner, there is no case made out against her for her immediate arrest as long as she co-operates with the investigation and reports to the investigating officer as and when called, till the investigation is completed.

Subject to the above, in the event of arrest, the petitioner will be enlarged on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code.

CRM 8627 of 2020 is disposed of.

(Aniruddha Roy, J.) (Sanjib Banerjee, J.)