Mousumi Mondal Sarkar v. State Of West Bengal

rkd 15.12.2020 Ct. No.28 (Allowed) C.R.M. 9070 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haringhata P.S. Case No. 66 of 2020 dated 15/03/2020 under Section 306/506/34 of the Indian Penal Code.

And In the matter of: Mousumi Mondal Sarkar ....petitioner.

Mr. S. Das ...for the petitioner.

Ms. F. Hossain, Ms. S. Das ...for the State.

It is submitted on behalf of the petitioner that there was a love affair between the victim boy and her daughter. Victim boy died out of depression.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Complicity of the petitioner in the alleged crime may be assessed at the appropriate stage of the proceeding. Victim did not leave behind any suicide note implicating the petitioner. Possibility of commission of suicide due to obstruction arising out of an aborted love affair cannot be ruled out.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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

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

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)