Nasrin Mondal And ORS v. State Of West Bengal

17.12.2020 Court No.28 SL No.166 AP CRM 10463 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Narendrapur P.S. Case No.717 of 2020 dated 21.08.2020 under Section 306 of the Indian Penal Code.

And In the matter of: Nasrin Mondal & Ors.

....Petitioners.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ...for the Petitioners.

Mr. Md. Anwar Hossain, Ms. Ratna Ghosh ...for the State.

It is submitted on behalf of the petitioners that ingredients of offence punishable under section 306 of the Indian Penal Code are not disclosed in the facts of the case.

Learned lawyer for the State opposes the prayer for anticipatory bail. We have considered the materials on record. Victim did not leave behind any suicide note implicating the petitioners. Whether the conduct of the petitioners would constitute abetment to suicide or not may be assessed at the appropriate stage of the proceeding. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)