Jhumki Karmakar And ORS v. The State Of West Bengal

20.11.2023 Serial no.41 Court No.1 (CHC) (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 796 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sahebjanj Police Station Case No. 297 of 2023 dated 27.07.2023 under Sections 306/34 of the Indian Penal Code, 1860. And In Re : Jhumki Karmakar & ors.

...... petitioners Mr. Subhasish Misra, Advocate Mr. Swarup Das, Advocate Mr. Satyajit Paul, Advocate ....for the petitioners Mr. Nilay Chakraborty, Advocate Ms. Sukanya Adhikary, Advocate ....for the State Petitioners are being proceeded against inter alia under Sections 306/34 of the Indian Penal Code, 1860. Apparently, daughter of the petitioner no.1 and the victim were in relationship. Both the persons involved in the relationship are adults.

Post Mortem Report of the victim suggests that, victim committed suicide.

Considering the gravity of the offence and involvement of the petitioners in the incident, we 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/- (Rupees Ten Thousand only), 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 and on further condition that that petitioner nos.2 and 3, namely, Sanjit Karmakar and Ananda Karmakar will report before the Investigating Officer once in a fortnight till the conclusion of investigation and that petitioner no1, namely, Jhumki Karmakar will cooperate with the Investigating Officer till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accuseds and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioners in court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)