Majida Bibi v. The State Of West Bengal

14.12.2021 SL No.23 Court No.1 AJ Circuit Bench of Calcutta High Court At Jalpaiguri CRM 904 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Kumargram Police Station Case No.65 of 2021 dated 13.04.2021 under Sections 498A/304B/34 of the Indian Penal Code, 1860. And In the matter of : Majida Bibi.

... .petitioner.

Mr. Hillol Saha Podder.

... For the Petitioner.

Mr. Ujjwal Luksom, Mr. Tapan Bhattacharjee.

... For the State.

The learned Counsel for the petitioner submits that the petitioner is the mother-in-law of the victim and she has been falsely implicated.

The learned Counsel for the State, however, opposes the prayer for anticipatory bail.

Having considered the materials available on record and bearing in mind the nature of involvement of the petitioner in the commission of alleged offence and also considering the fact that the charge sheet has been filed, we are of the opinion that the custodial interrogation of the petitioner is not necessary. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner shall be released on anticipatory 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 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 shall attend the court proceeding as and when called for.

The application for anticipatory bail, being CRM No.904 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. (Biswajit Basu, J.) (Soumen Sen, J.)