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Calcutta High CourtCRM/31/2021allowed

Ruksana Bibi And ANR v. State Of West Bengal

2021-01-12Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh1 pages

12.01.21 S.R.

Sl.72 Ct.28 CRM No.31 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Baishnabnagar Police Station Case No.73 of 2020 dated 09.02.2020 under Sections 448/326/307/34 of the Indian Penal Code;

And In re:

Ruksana Bibi & Anr.

... petitioners.

Mr. Amitabha Karmakar ... for the petitioners.

Mr. Imran Ali Mr. Arindam Sen ...for the State.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the criminal proceedings. Upon completion of investigation charge-sheet has already been filed. The learned advocate appearing for the State has placed the case diary before us. From the statement of one Muntaj Sk. it appears that one Ajfarul Sk. has inflicted the injury.

In view thereof, we are of the opinion that custodial detention of the petitioners is not necessary.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Ruksana Bibi and Manwara Khatun, shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 CRM No.28 of 2021 is, thus, allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)