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Calcutta High CourtCRM (A)/140/2024allowed

Nurjahan Bibi @ Nurjan Bibi And ORS. v. State Of West Bengal

2024-01-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.01.2024 Item No.17 Ct. No. 29 CHC Allowed C.R.M.(A) 140 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 373 of 2023 dated 02.10.2023 under Sections 341/323/325/354/308/506/34 of the Indian Penal Code, 1860.

And In the matter of : Nurjahan Bibi @ Nurjan Bibi & ors. ...... petitioners Mr. Amanul Islam, Mr. Sourav Mukherjee ....for the petitioners Mr. Bitasok Banerjee ....for the State Leave granted to learned advocate on record for the petitioners to correct the cause-title.

Petitioners pray for anticipatory bail.

There is a counter police complaint with regard to the incident.

In the present police complaint, the injury report of the injured suggests that such injured suffered 2 inch cut injury. Injured also suffered injury on the scalp. None of the injuries were classified as grievous hurt.

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

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 no.2, namely, Salam Mondal @ Salaman Mondal and petitioner no.3, namely, Imamul Mondal will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.1, namely, Nurjahan Bibi @ Nurjan Bibi, petitioner no.4, namely, Rakhi Bibi @ Rakhi Khatun and petitioner no.5, namely, Halima Bibi @ Halima Khatun Bibi @ Halima Khatun Mondal will cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 140 of 2024 is disposed of.

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