Calcutta High CourtCRM (A)/472/2023partly allowed

Laisi Bibi And ORS v. State Of West Bengal

2023-02-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

03.02.2023 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 472 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No. 407 of 2022 dated 20.07.2022 under Sections 441/323/326/307/34 of the Indian Penal Code, 1860.

And In Re : Laisi Bibi & Ors.

...... petitioners Mr. Jisan Iqbal Hossain Ms. Chandrima Debnath Mr. Karnel Mondal ....for the petitioners Ms. Sreyashee Biswas ....for the State Four persons were injured in an assault. The injury reports and the photographs of the injuries, apparently, suggest a case under Section 307 of the Indian Penal Code, 1860. The four injured implicates the petitioner nos. 1 (Laisi Bibi), 2 (Amul Bibi @ Amenur Bibi) and 3 (Khajana Bibi @ Khajana Khatun Bibi) in the incident of assault. Consequently, we are unable to grant anticipatory bail to the petitioner nos. 1, 2 and 3.

Accordingly, the application for anticipatory bail is, thus, rejected so far as petitioner nos. 1, 2 and 3 are concerned.

So far as the petitioner no. 4 (Taslimuddin Haque) is concerned, we grant him anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner no. 4 shall be released on bail upon furnishing a bond of Rs.10,000/-, 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. 4 shall meet the Investigating Officer once a week till the conclusion of the investigation and on condition that the petitioner no. 4 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 no. 4 in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, partly allowed.

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