Maimuna Bibi @ Maimuda Bibi v. The State Of West Bengal And ANR

10.07.2024 Sl No. 26 Court No.29 TN (Allowed) CRM (A) 2295 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Pingla Police Station Case No. 82 of 2024 dated 03.04.2024 under Sections 498A/302/34 of the Indian Penal Code. And In the matter of: Maimuna Bibi @ Maimuda Bibi. - petitioner.

Ms. Minoti Gomes, Mr. Pradip Paul, Ms. Renesa Dey .... for the petitioner.

Mr. Bitasok Banerjee, Ms. K. Roy ... for the State.

1.

Despite service, the de facto complainant is not represented. 2.

The learned counsel for the petitioner submits that the petitioner is in no way involved in the commission of the alleged offence and has been falsely implicated. 3.

The learned counsel for the State submits that the petitioner is the paramour of the husband of the victim. The learned counsel for the State has produced the case diary. 4.

Considering the materials available in the case diary, the statement of the de facto complainant, the daughter of the victim and the doctor who treated the victim and having considered the involvement of the petitioner in the commission of the alleged offence, we are of the view that custodial interrogation of the petitioner is not necessary. 5.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Maimuna Bibi @ Maimuda Bibi shall be Signed By :

TANMOY NANDAN High Court of Calcutta 11 th of July 2024 11:15:46 AM

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.

6.

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

7.

Accordingly, the application for anticipatory bail is disposed of.

8.

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 11 th of July 2024 11:15:46 AM