Merjina Bibi@Merjina Khatun@ Marjina Khatun v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 27.09.2021 AT JALPAIGURI Court No.01 Item No. 10 Allowed Krishnendu C.R.M. 288 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Merjina Bibi @ Merjina Khatun @ Marjina Khatun Petitioner Mr. Sudip Guha For the Petitioner Mr. Arun Kumar Sarkar Mr. Sagnik Sankar Sikdar For the State Apprehending arrest in connection with Sahebganj Police Station Case No. 527 of 2020 dated 21.11.2020 under sections 306/34 of the Indian Penal Code, the petitioner has filed the present application. Mr. Guha, learned advocate appearing for the petitioner, submits that the petitioner married the victim about ten years ago and she has a daughter, which is presently aged about five years. The allegations levelled against her are absolutely unfounded. Upon completion of

investigation, charge sheet has also been submitted and in view thereof, custodial interrogation of the petitioner is not necessary. Mr. Sarkar, learned advocate appearing for the State, opposes the petitioner's prayer and submits that there are incriminating materials against the petitioner, who had intentionally aided and instigated her husband to commit suicide. In support of such contention, Mr Sarkar has drawn our attention to the statements of the witnesses, as recorded under section 161 of the Code of Criminal Procedure. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of accusations and the fact that the petitioner has a child, who is presently aged about five years, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case.

Accordingly, we allow this application and direct that in the event of arrest, the petitioner namely, Merjina Bibi @ Merjina Khatun @ Marjina Khatun, , shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must

be local, 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, being C.R.M. No. 288 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J) (Tapabrata Chakraborty, J)