Papri Roy@Papri Barman@Papri Barman(Roy) v. The State Of West Bengal

23.11.2023 Serial no.15 Court No.1 (CHC) (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 919 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Boxirhat Police Station Case No. 346 of 2023 dated 25.08.2023 under Sections 498A/306/34 of the Indian Penal Code, 1860. -AndIn the matter of : Papri Roy @ Papri Barman @ Papri Barman (Roy) ... ... Petitioner Mr. Hillol Saha Poddar, Advocate Ms. Mousumi Das, Advocate ... ... For the Petitioner Mr. Abhijit Sarkar, Advocate Mr. Kallol Nag, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the husband of the victim was granted bail by the jurisdictional Court. The in-laws of the victim were granted anticipatory bail by the High Court.

Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary. He contends that, the husband of the victim was in an amorous relationship with the petitioner and therefore, committed suicide.

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

Husband of the victim was granted bail by the jurisdictional Court.

The issue as to whether, the petitioner abetted the commission of the suicide by the victim can be decided at the trial.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner 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 the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 919 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)