Khushbu Khatun @ Shilpa Khatun v. The State Of West Bengal

02.07.2024 SL No.16 Court No.29 TN (Allowed) CRM (A) 2016 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Khandaghosh Police Station Case No.84 of dated 19.02.2024 under Sections 302/120B/34 of the Indian Penal Code.

And In the matter of : Khushbu Khatun @ Shilpa Khatun. - petitioner.

Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit, Ms. Rajashree Tah, Ms. Aishwarya Datta ....for the petitioner.

Ms. Anasuya Sinha, Ms. Paramita Sahu ... for the State.

1. The daughter-in-law of the deceased is the applicant. It is submitted that she has been falsely implicated. It is further submitted that the dispute is arising out of a property related matter between the legal heirs of the deceased.

2. The learned counsel for the State has produced the case diary and opposed the prayer for anticipatory bail.

3. Considering the materials available in the case diary, the nature and extent of involvement of the petitioner in the commission of the alleged offence and having regard to the fact that co-accused are already enlarged on bail and the petitioner is having a baby born on 12th July, 2023 and the child requires the petitioner, we are of the view that custodial interrogation of the petitioner is not necessary. Signed By :

TANMOY NANDAN High Court of Calcutta 3 rd of July 2024 10:47:05 AM

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Khushbu Khatun @ Shilpa Khatun 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall cooperate with the investigation and shall not leave the jurisdiction of the District Purba Bardhaman without the permission of the Investigating Officer of the case.

5. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Purba Bardhaman within two weeks from date and pray for regular bail.

6. Accordingly, the application for anticipatory bail is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 3 rd of July 2024 10:47:05 AM