Phool Kumari Mondal v. State Of West Bengal

02.07.2024 Court No.29 Item No. 47 Allowed sg CRM (A) 2057 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 144 of 2024 dated 15.05.2024 under Sections 498A/328/302/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate at Tehatta, Nadia.

And In Re: Phool Kumari Mondal Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee For the Petitioner Mr. Suman De Ms. Rajashree Tah For the State 1.

The learned Counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased. The husband of the deceased is presently in custody. It is submitted that the petitioner is no way responsible for the alleged offence and she has been falsely implicated. 2.

The learned Counsel for the State, in opposing the prayer for the anticipatory bail, has referred to the statement of the grandson alleging that the petitioner has tortured the deceased.

3.

Considering the materials available in the case diary and the nature and extent of complicity of the petitioner in the commission of alleged offence and having regard to the fact that her son is presently in custody, we of the view that custodial interrogation of the present petitioner is not necessary. 4.

Accordingly, we direct that in the event of arrest the petitioner namely, Phool Kumari Mondal, 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 Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner shall cooperate with the investigation and shall appear before the learned Chief Judicial Magistrate at Tehatta, Nadia, in connection with S.L. No. 531 of 2024 within two weeks from date.

5.

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

CRM (A) 2057 of 2024 is, thus, disposed of.

7. 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.)