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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code vs In Re: Nilanjana Dey on 9 December, 2019



l No.144
CRM 11558 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 06.12.2019 in connection with Basirhat Police
Station Case No. 751 of 2019 dated 31.07.2019 under Sections 498A/Section306/Section34
of the Indian Penal Code.

In Re: Nilanjana Dey
… … Petitioner.

Mr. Souvik Mitter,
Ms. Anasuya Sinha,
Mr. R.L. Chakraborty,
Mr. P. Kundu
… for the petitioner.

Ms. Sayanti Santra
… … for the State.

It is submitted on behalf of the petitioner that she is not a relation of the

husband of the victim housewife and she has been falsely implicated in the

instant case.

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

submits that the petitioner had illicit relation with the husband of the victim

housewife. As a result the victim was compelled to commit suicide.

Having considered the materials on record and bearing in mind the nature

of allegations, we are of the opinion whether the conduct of the petitioner

constitutes abetment to suicide or not may be assessed at the appropriate stage

of the proceeding. However, in view of the facts and circumstances of the case

and as the victim did not left behind any suicide note implicating the petitioner,

we are inclined to grant anticipatory bail to her.

Accordingly, we direct that in the event of arrest, the petitioner 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 condition that the petitioner shall

appear before the court below and pray for regular bail within a period of four

weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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