Hasina Begum@Bibi v. State Of West Bengal And ANR

C.R.M. (A) 278 of 2023 19.01.2023 Sl.36 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No.352 of 2022 dated 07.07.2022 under Sections 498A/304B/306/34 of the Indian Penal Code & 3 and 4 of the D.P. Act & 9 and 10 of the Child Marriage Act & 6 and 7 of the Protection of Children from Sexual Offences Act. And In the matter of: Hasina Begum @ Bibi ....petitioner.

Mr. Soumya Basu Roy Chowdhury ...for the petitioner.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

Petitioner prays for anticipatory bail.

The police filed charge sheet.

The father of the victim recorded a statement under Sections 161 and 164 of the Code of Criminal Procedure. Apparently, the petitioner is not mentioned in the statement recorded under Section 164 of the Code of Criminal Procedure. Consequently, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 278 of 2023 is disposed of.

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