Court granted anticipatory bail to petitioner Liton Biswas, married daughter of deceased who committed suicide, under Section 438 CrPC. Court noted active incitement was not established and decided the matrimonial dispute for trial stage.
Anticipatory bail granted upon furnishing bond of Rs. 10,000 with two sureties of like amount each.
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16.12.2020 tkm/ct 28 sl no. 92
C.R.M. 2834 of 2020 (via video conference)
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hanskhali P.S case 226 of 2013 dated 1.4.2013 under sections 306/34 of the IPC
Allowed
and In Re : Liton Biswas …… petitioner Ms. J Dutta Chakraborty …… for the petitioner Mr. T K Ghosh Mr. Ariful Hossain …… for the State
Petitioner married daughter of the deceased. The deceased did not approve the marriage and out of depression committed suicide.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner had absconded for a protracted period of time.
Statements of witnesses do not disclose any active incitement to suicide by the petitioner. Whether matrimony against the will of the victim would constitute abetment to suicide may be assessed at the appropriate stage in accordance with law.
Under such circumstances, we are inclined to 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/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid
2
down under section 438(2) of the Code of Criminal Procedure, 1973.
The application being CRM 2834 of 2020 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner married daughter of the deceased accused of abetment to suicide.
Whether the petitioner's alleged absconding warrants denial of anticipatory bail.
3 provisions across 2 enactments
Liton Biswas
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
