Prena Darjee And ORS. v. The State Of West Bengal

27.11.2024 Sl No.95 s.biswas (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 935 of 2024 In Re: An application for anticipatory bail under Section 482 of the BNSS in connection with Bagdogra Police Station Case No. 136/2024 dated 06.04.2024 under Sections 306 of the IPC. And In Re: Smt. Prena Darjee @ Dorjee and others ... ... Petitioners Mr. Subham Ghosh Mr. Mayank Roy ... for the petitioners Mr. Ujjwal Luksom Mr. Kallol Nag ... ... for the State

1. The petitioners pray for pre-arrest bail.

2. Learned counsel for the petitioners submits that following the suicide of the husband of the petitioner no.1, all the petitioners have been implicated in this case only to harass them.

3. Learned counsel appearing on behalf of the State produces the case diary and vehemently opposes the prayer for anticipatory bail of the petitioners.

4. Upon perusal of the materials in the case diary and the post mortem report, this court finds that there is not much material connecting the suicide to any kind of hot altercation between the deceased and the petitioners. Thus, we are of the view that custodial interrogation of the petitioners are not necessary and the benefit under Section

482 of the BNSS can be extended to the petitioners to grant anticipatory bail to the petitioners.

5. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of equal 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 the petitioner no.4 shall meet the investigating officer once in a week until further orders.

6. The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)