Merina Khatun v. State Of West Bengal

23.09.2022 Serial no.15 Aloke CRM (A) 4541 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 473 of 2022 dated 09.08.2022 under Section 306 of the Indian Penal Code.

-AndIn the matter of : Merina Khatun ... ... Petitioner Mr. Habibur Rahaman, Advocate ... ... For the Petitioner Mr. Anowar Hossain, Advocate Ms.Ratna Ghosh, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention to the statement recorded under Section 161 of the Code of the Criminal Procedure, photographs of the couple as well as whatsapp messages between the couple.

The postmortem report of the victim suggests that the victim committed suicide.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein and considering the fact that the petitioner claims herself to be a Government employee, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional

Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4541 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)