Farida Bibi And ANR. v. The State Of West Bengal

10.06.2024 Court No.29 Item No. 6 Allowed sg CRM (A) 1840 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haringhata Police Station Case No. 179 of 2024 dated 06.04.2024 under Sections 302/34 of the Indian Penal Code. And In Re: Farida Bibi & Anr.

Petitioners Mrs. Sananda Bhattacharyya For the Petitioners Mr. Anand Keshri Ms. Pallavi Priyadarshi For the State

1. The petitioner no.1 is the step mother and the petitioner no.2 is the biological father of the deceased.

2.

The learned Counsel for the petitioners has submitted that the grandmother of the deceased has lodged a false complaint against the present petitioners. 3.

The learned Counsel for the State in opposing the prayer for anticipatory bail has referred to the postmortem report, which shows that the victim died due to consumption of poison.

4.

Considering the materials available in the case diary, the nature of involvement of the petitioners in the commission of alleged offence and the medical report, we are of the view that custodial interrogation of the present petitioners is not necessary.

5.

Accordingly, we direct that in the event of arrest the petitioners, namely, Farida Bibi and Sukur Ali Mondal, shall be released on bail upon

furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure to the satisfaction of arresting officer. The petitioner no. 2 shall meet the I.O. once in a week till the charge-sheet is filed. The petitioner no.1 shall cooperate with the investigation. The petitioners shall not leave the jurisdiction of Haringhata Police Station without the prior permission of the jurisdictional court and they shall appear before the Trail Court within two weeks from date.

6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed. 7.

CRM (A) 1840 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)