Ejima Khatoon v. State Of West Bengal And ORS.

10.11.2020 rrc CRM 8738 of 2020 (Via Video Conference) In re : An application for bail under Section 438 of the Code of Criminal Procedure in connection with Bhaktinagar P.S. Case No. 1331/2012 dated 06.10.2012 under Sections 498A/326/307/ 302/34 of the Indian Penal Code.

In the matter of : Ejima Khatoon ..... petitioner Mr. Debajit Kundu ....For the petitioner Mr. Ujjwal Luksom Mr. Abhijit Sarkar .....For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims to be the second wife of the husband of the victim. The victim died an unnatural death. The cause is stated to be burning.

We have heard learned counsel for the parties and considered the material on record. The prime accused i.e. the husband has been granted bail by the trial court. Having considered the facts and circumstances, we are of the view that custodial interrogation of the petitioner may not be necessary immediately.

Accordingly, in the event of arrest, the petitioner should be released on furnishing security of Rs.10,000/- (Rupees ten thousand) with two sureties of like amount each, one of whom

must be local, to the satisfaction of the arresting officer. The petitioner will also comply with the conditions laid down in Section 438(2) of the Code.

CRM 8738 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)