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Calcutta High CourtCRM (A)/643/2025allowed

Sahanara Bibi @ Shahanara Bibi And ORS v. The State Of West Bengal And ANR

2025-03-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

03.03.2025 sdas Allowed C.R.M. (A) No. 643 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Kharagpur Local Police Station Case No. 1075 of 2024 dated 14.12.2024 under Sections 126(2)/115(2)/117(2)/ 118(1)/109(1)/75(2)/76/79/351(2)/3(5) of the BNS read with Section 8 of the POCSO Act.

And In Re : Sahanara Bibi @ Shahanara Bibi & Ors. ..... petitioners Mr. Debdip Mondal .....for the petitioners Ms. Sima Biswas ....for the State 1.

Learned Counsel for the petitioners submits they are women folk in the family. They have been falsely roped in the case out of prior enmity. They pray for anticipatory bail. 2.

Learned Counsel for the State opposes the prayer for anticipatory bail.

3. Inspite of notice nobody appears for the victim.

4. We have considered the materials on record including the statement of the injured witness. Petitioners are not the principal accused. Co-accused has been granted pre-arrest bail. Accordingly, we are inclined to extend the similar relief to the petitioners.

5. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that they shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

6. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)