Calcutta High CourtCRM (A)/5113/2022allowed

Merina Khatun@Merina Bibi And ANR v. State Of West Bengal

2022-11-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5113 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara P.S. Case No.386 of 2022 dated 26/08/2022 under Sections 302/120/34 of the Indian Penal Code, 1860.

And In the matter of: Merina Khatun @ Merina Bibi & Anr. ....petitioners.

Mr. A. A. Alamgir Ms. Rabia Khatton Ms. Soma Mal ...for the petitioners.

Mr. Sudip Ghosh Mr. Apurba Kumar Datta ...for the State.

Petitioners pray for anticipatory bail.

(AD) 09.11.2022 Court No.29 (Allowed) Two co-accuseds were granted anticipatory bail by the order dated October 31, 2022 passed in CRM (A) 4823 of 2022. The victim committed suicide.

The victim is the husband.

Apparently, the victim saw the petitioners in a compromising position and thereafter committed suicide. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each 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 and on further condition that the petitioner no.1 will cooperate with the

investigation till the conclusion of the investigation and petitioner no.2 will report before the Investigating Officer once a week till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5113 of 2022 is disposed of.

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