Shalina Thapa Mangar@Salina Thapa v. The State Of West Bengal
24.01.2025 Ct. No. 1
IN THE HIGH COURT AT CALCUTTA
Sl. No.25 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 37 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 04.12.2024 in connection with Pradhan Nagar Police Station Case No. 655 of 2024 dated 09.10.2024 under Sections 108/77/351(2)(3) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.3490 of 2024) And In Re: Shalina Thapa Mangar @ Salina Thapa ... ... Petitioner Mr. Ranjit Singh Mr. Raju Sonar Mr. Suraj Sonar ... ... for the petitioner Mr. Ujjwal Luksom Ms. Namrata Das ... ... for the State 1.
It is submitted on behalf of the petitioner victim had committed suicide out of depression. Ingredients of offence under Section 108 of Bharatiya Nyaya Sanhita, 2023 are not disclosed in the facts of the case. Accordingly, she prays for anticipatory bail. 2.
Learned Advocate for the State opposes the prayer for anticipatory bail.
3.
We have considered the materials on record including the statement of the victim's sister. From her statement it appears there was a romantic relationship between the petitioner and the victim. Subsequently, petitioner cut off all association with the victim. This prompted the victim to commit suicide. Whether withdrawal from a relationship per se would constitute abetment to suicide will be assessed at the appropriate stage of the proceeding. There is no
chance of abscondence. Under such circumstances, we are of the opinion custodial interrogation of the accused/petitioner for progress of investigation is not necessary and she may be granted anticipatory bail. 4.
Accordingly, we direct in the event of arrest, the accused/petitioner, namely Shalina Thapa Mangar @ Salina Thapa, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.
The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)