C.R.M. 11316 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 29.11.2019 in connection
with Sabang P.S case no. 428/19 dated 01.10.2019 under
Sections 498A/Section302/Section34 of the IPC and Sections 3/4 of the DP Act
In the matter of : Tanushree Dey Bhattacharyya @ Tanusri De Bhattacharyya
Mr. Suman Chakraborty
…for the Petitioner
Mr. Saswata Gopal Mukherjee, PP
Mr. Aniket Mitra
…..for the State.
It is submitted on behalf of the petitioner that she is a
relation of the husband of the victim – housewife. The victim-
housewife had committed suicide after 25 years of her marriage.
Learned lawyer for the State submits that the petitioner was
the paramour of the husband of the victim-housewife and had
abetted her suicide.
We have considered the materials on record and keeping in
mind nature of allegations and as the allegation of abetment is not
corroborated in any suicide note left behind by the victim and
since the incident occurred 25 years after marriage and the
statutory presumption under Section 113A of the Evidence Act are
not attracted in the facts of the case, we are inclined to grant
anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the
petitioner viz., Tanushree Dey Bhattacharyya @ Tanusri De
Bhattacharyya 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 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 meet the
investigating officer once in a week until further order and the
petitioner shall appear before the trial court and pray for regular
bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh,J.) (Joymalya Bagchi, J.)