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Calcutta High CourtCRM (A)/413/2023allowed

Manaka Bibi@Manaka Khatun And ANR v. State Of West Bengal

2023-02-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

01.02.2023 Serial no. 33 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 413 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Harischandrapur Police Station Case No. 640 of 2022 dated 23.07.2022 under Sections 341/325/308/379/34 of the Indian Penal Code corresponding to G.R. Case NO. 1950 of 2022.

-AndIn the matter of : Manaka Bibi @ Manaka Khatun & Anr. ... ... Petitioners Ms. Sujata Das, Advocate ... ... For the Petitioners Mr. Bidyut Kr. Roy, Ms. Rita Dutta, Advocates ... ...For the State Police filed charge sheet.

Apparently, the injured suffered cut injuries due to physical assault by a bamboo stick.

The injury sustained was not classified as grievous hurt. Apparently, the incident arose out of property disputes among the family members.

In such circumstances, we are inclined to 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 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 413 of 2023 is disposed of.

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