Munni Begum @ Parvin @ Munni Begam @ Parvain v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 27.02.2023.

140.

as (Allowed).

C.R.M. (A) 90 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Jalpaiguri P. S. Case No.1338 of 2022 dated 24.12.2022 under Sections 306/120B of the Indian Penal Code. In the matter of : Munni Begum @ Parvin @ Munni Begam @ Parvain.

... Petitioner.

Mr. Joydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Ms. Rikta Sarkar.

...for the Petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das.

.....for the State.

Petitioner submits there was a love affair between the parties. Subsequently, victim committed suicide. Learned Advocate for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. There was a love affair between the parties. However, marriage did not fructify. Out of depression, victim committed suicide. Victim did not leave behind any suicide note. Whether conduct of the petitioner would amount to abetment to suicide requires to be assessed in the light of the aforesaid circumstances

during trial. Hence, we are inclined to enlarge the petitioner on anticipatory bail.

Accordingly, we direct that 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)