Ajmira Bibi @ Tajmira Bibi v. State Of West Bengal

27.05.2021 Court No.28 Item No. 20 CP CRM 3174 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Ajmira Bibi @ Tajmira Bibi Petitioner Mr. Manas Kumar Das For the Petitioner Mr. S.S Imam Mr. Narayan Prasad Agarwal Mr. Subrata Roy For the State Apprehending arrest in connection with Burwan Police Station Case No. 367 of 2020 dated 18.12.2020 under sections 306/34 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Das, learned advocate appearing for the petitioner, submits that the petitioner is the mother-in-law of the deceased and she has been falsely implicated in the alleged incident. The wife and the father-in-law of the deceased had already been granted anticipatory bail by the learned Sessions Court. Upon completion of the investigation charge-sheet has also been filed and in the said conspectus, custodial detention/interrogation of the petitioner is not necessary.

Learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail.

Having heard the learned advocates and considering the nature of allegations, the extent of complicity of the petitioner and the fact that the co-accused persons similarly situated with the petitioner had already been granted anticipatory bail, we are of the

opinion that custodial detention/interrogation of the petitioner is not warranted in the facts and circumstances of the case. Accordingly, we direct that in the event of arrest the petitioner, namely, Ajmira Bibi @ Tajmira Bibi, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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 application for anticipatory bail, being CRM No. 3174 of 2021 is, thus, allowed.

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