Lakshi Mandal And ANR v. State Of West Bengal

24.12.2020 Sdas allowed CRM 10573 of 2020 (via video conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No. 265 of 2020 dated 09.10.2020 under Sections 376/302/109 of the Indian Penal Code.

And In Re : Lakshi Mandal & Anr. .........petitioners. Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioners.

Mr. N. Ahmed, learned A.P.P.

Ms. Manisha Sharma Ms. Sayanti Santra ...for the State.

Learned Counsel appearing for the petitioners submit that victim had a love affair with the son of the petitioner no. 1 and subsequently she committed suicide.

Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that the petitioners resisted the marriage. Thereafter victim suffered unnatural death.

We have considered the materials on record. Victim did not leave behind any suicide note. Whether conduct of the petitioners amounts to abetment to suicide or not may be assessed at the appropriate stage of the proceeding.

Under such circumstances, we are inclined in granting 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. The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)