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Calcutta High CourtCRM (A)/1027/2023allowed

Rumela Bibi @ Rumala Bibi v. State Of West Bengal And ANR

2023-03-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

13.03.2023 Serial no. 95 [Dd] (Anticipatory bail) Allowed) CRM (A) 1027 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 741 of 2022 dated 22.08.2022 under Sections 363/365/34 of the IPC read with Section 4 of POCSO Act, 2012. Charge sheet submitted under Section 363/365/34 IPC read with Section 4 POCSO Act, 2012. -AndIn the matter of : Rumela Bibi @ Rumala Bibi ... ... Petitioner Mr. Kausik Biswas, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, Ms. Debjani Dasgupta, Advocates ... ...For the State Affidavit-of-service filed in Court today be taken on record.

The principal accused was enlarged on bail by the coordinate Bench on February 3, 2023 passed in CRM(DB) 411 of 2023. The coordinate Bench noted the period of detention of the principal accused and the fact that, there was an impression of an amorous relationship between two young persons. The petitioner before us is the mother of the principal accused. Police filed charge sheet.

In such circumstances, we are inclined to 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 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 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1027 of 2023 is disposed of.

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