Tajbanu Bibi Alias Banu Bibi v. State Of West Bengal

17.03.2022 Item no. 123 Court No.32 Avijit Mitra C.R.M.(A) 373 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Tajbanu Bibi @ Banu Bibi .... Petitioner Mr. Subrata Saha, Mr. Abhik Biswas ...for the petitioner Ms. Sreeparna Das ....for the State Apprehending arrest in connection with Balurghat Women Police Station Case No.51 of 2020 dated 21.10.2020 under Sections 498A/323/307/509/34 of the Indian Penal Code, the present application has been preferred. Heard the learned advocates appearing for the respective parties.

Considering the materials in the case diary including the statement of the witnesses, bearing in mind the nature of accusations in the light of the submissions made by the parties and as prima facie, there is no possibility that the petitioner being the mother-in-law of the victim would delay the trial by abscondence and in view of the fact that upon completion of investigation chargesheet has been submitted, custodial interrogation of the petitioner is not necessary. Accordingly, we direct that in the event of arrest, the petitioner namely, Tajbanu Bibi @ Banu Bibi, shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner shall attend the learned Trial Court on all the dates as specified for hearing.

The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioner's bail without any further reference to this Court. Accordingly, the application for anticipatory bail being C.R.M.(A) 373 of 2022 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)