Debjani Das (Barman) @ Debjani Barman Das v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 11.12.2023. C.R.M. (A) 963 of 2023 12/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Haldibari P.S case no. 311 of 2022 dated 13.11.2022 under sections 306/34 of the IPC And Allowed In Re : Debjani Das (Barman) @ Debjani Barman Das ......petitioner Mr. A K Singhania Mr. S Basu Ms. M Roy ...for the Petitioner Mr. Abhijit Sarkar Mr. Dhiman Sil ...for the State 1.

Petitioner submits there was matrimonial dispute between the couple. Victim committed suicide. Ingredients of offence punishable under section 306 IPC are not disclosed. She prays for anticipatory bail.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail.

3.

We have considered the material on record.

Statements of witnesses show there was a domestic quarrel. Whether the domestic strife per se would constitute abetment to suicide requires to be assessed at the appropriate stage of the proceeding. Be that as it may victim did not leave behind any suicide note. Petitioner is a lady and there is no chance of abscondence.

4.

Under such circumstances we are inclined to grant anticipatory bail to the petitioner.

5.

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 also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

6.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date. 7.

The application being CRM (A) 963 of 2023 is disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)