Selina Bibi @ Serina v. State Of West Bengal

19.03.2021 ns Court C.R.M. 11203 of 2020 No.4 Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Samsherganj Police Station Case No. 76 of 2020 dated 17.05.2020 under section 498A/304B/34 of the Indian Penal Code. In re : Selina Bibi @ Serina ... Petitioner.

Mr. Mrityunjoy chatterjee ... for Petitioner.

Mr. P. K. Datta, ld. A.P.P., Mr. Santanu Deb Roy ... for State.

The present application under Section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Selina Bibi @ Serina is taken up for hearing and order.

It is submitted on behalf of the petitioner that the petitioner is the mother-in-law of the victim and has an one year old child. She has been falsely implicated in the case. The State produces case diary and opposes the prayer for anticipatory bail.

It appears that the petitioner is the mother-in-law of the victim who committed suicide by hanging within four months of her marriage. Co-accused are on regular bail. Allegations against the petitioner are general and omnibus in nature. In such circumstances, we are inclined to hold that custodial interrogation of the petitioner is not required and as such, she is entitled to anticipatory bail.

Accordingly, we direct that in event of arrest the

petitioner shall be released on anticipatory bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) only with two sureties of like amount 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 application for anticipatory bail is, accordingly, allowed.

C.R.M. 11203 of 2020 is disposed of.

( Arindam Sinha, J. ) ( Suvra Ghosh, J. )