Calcutta High CourtCRM (A)/20/2024allowed

Papiya Khatun @ Yasa Sultana @ Ayashya Khatun @ Yeasha Sultana v. State Of West Bengal

2024-01-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

10.01.2024 Item No.31 Ct. No. 29 CHC Allowed C.R.M.(A) 20 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khandaghosh Police Station Case No. 558 of 2023 dated 27.09.2023 under Sections 362/ 383/ 419/ 463/ 464/ 465/ 466/506/120B/34 of the Indian Penal Code, 1860. And In the matter of : Papiya Khatun @ Yasa Sultana @ Ayashya Khatun @ Yeasha Sultana ...... petitioner Mr. Sujoy Sarkar ....for the petitioner Mrs. Faria Hossain, Mr. Goutam Banerjee ....for the State Petitioner prays for anticipatory bail.

Petitioner claims that the present police complaint is a counter blast to the earlier police complaint lodged under Section 498A of the Indian Penal Code, 1860 against the de facto complainant.

We perused the materials in the Case Diary.

The present police complaint is second in point of time. Requirement of custodial interrogation of the petitioner is not felt.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be 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 will cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 20 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)