Rampada Samanta And ORS v. State Of West Bengal

10.12.2020 tkm/ct 28 C.R.M. 10140 of 2020 sl no. 63 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Daspur P.S case no. 126 of 2020 dated 14.4.2020 under sections 498A/302/304B/34 of the Indian Penal Code And Allowed In Re : Ramapada Samanta & Ors.

...... petitioners Mr. A Karmakar ...... for the petitioners Mr. Anwar Hossain Ms. Ratna Ghosh ...... for the State It is submitted on behalf of the petitioners that the victim had married the son of petitioner no. 1 and 2 pursuant to a love affair. Both the families were not supportive of the matrimonial tie. As a result, the victim housewife committed suicide by consuming poison.

Learned lawyer for the State opposes prayer for anticipatory bail and submits that the victim was forced to consume poision and section 302 IPC has also been added to the FIR. We have examined the statements of witnesses. There is no evidence showing that the petitioners administered poison to the victim housewife. On the other hand, allegations in the FIR show that the couple had married against wish of their respective families.

The aforesaid fact probabilises the submission of the petitioners that the victim may have committed suicide out of depression due to non-acceptance. However allegation of torture owing to non-payment of dowry demand in the factual backdrop

appears to be an embellishment. Such allegations require to be assessed at the appropriate stage of the proceeding. In view of the aforesaid facts, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- 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, 1973.

The application being CRM 10140 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)