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Judgments of Supreme Court of India and High Courts

Penal Code vs In Re: Sibu Gain on 26 November, 2019



Sl No.84
CRM 11031 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 25.11.2019 in connection with Deganga Police
Station Case No.310 dated 14.06.2019 under Sections 498A/Section306 of the Indian
Penal Code.


In Re: Sibu Gain
… … Petitioner.

Mr. Md. Younush Mondal
… for the petitioner.

Mr. Sandip Chakraborty
… … for the State.

It is submitted on behalf of the petitioner that the petitioner is the

husband of the victim and the victim had committed suicide eight years after


Learned lawyer for the State refers to the case diary and opposes the

prayer for anticipatory bail.

We have considered the materials on record. It is submitted on behalf of

the petitioner that the victim committed suicide and ingredients of offence

punishable under Section 306 of the Indian Penal Code are not disclosed in the

facts and circumstances of the case. It is matter to be decided at the appropriate

stage of the proceeding whether the conduct of the petitioner would constitute

abetment to suicide or not. Keeping in mind the aforesaid facts and

circumstances of the case and as the investigation is complete, we are inclined to

grant anticipatory bail to the petitioner.

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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