Menoka Khatun v. State Of West Bengal

27.11.2020 b.das CRM 7419 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No.327 of 2020 dated 15.09.2020 under Sections 302/306/34 of the Indian Penal Code.

And In the matter of: Menoka Khatun & Ors.

....Petitioners.

Mr. Bitasok Banerjee ...for the Petitioners.

Ms. Faria Hossain ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The application being CRAN 1 of 2020 is disposed of. Petitioner Nos.1 and 3 have been arrested, the prayer for anticipatory bail is dismissed as infructuous so far as they are concerned.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner Nos.2, 4 and 5 in the alleged crime and as there is no direct evidence that the petitioners had administered poison, we are inclined to allow the prayer for anticipatory bail to the concerned petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, 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.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)