Sima Bibi And Others v. State Of West Bengal

28.03.2022 Serial no. 34 [Dd] (Anticipatory Bail Partly Allowed) CRM(A) 1407 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Paikar Police Station Case No. 52 of 2022 dated 02.02.2022 under Sections 448/323/324/325/354/307/506/34 of the Indian Penal Code and G.R. Case No. 313 of 2022.

-AndIn the matter of : Sima Bibi & Ors.

... ... Petitioners Mr. Prosengit Mukherjee, Mr. Jahangir Hossain, Ms. Poulami Dutta, Advocates ... ... For the Petitioners Mr. Arijit Ganguly, Mr. Avik Ghatak, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that there is a previous police complaint lodged by the petitioners against the de facto complainant and her family members. As a revenge, the present police compliant was lodged.

Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim and to a statement recorded under Section 161 of the Criminal Procedure Code.

In the present police case, the de facto complainant was pregnant when she suffered injuries. In her statement recorded under Section 161 of the Criminal Procedure Code, she names petitioner no. 3, in particular, to have dealt the blows on her.

Considering the gravity of the offence and the involvement of the petitioners therein, we are not inclined to grant anticipatory bail to petitioner no. 3, Bokul Sk @ Moktarul Sekh. However, we are inclined to grant anticipatory bail to the petitioner nos. 1, Sima Bibi and petitioner no. 2, Abeda Khatun Bibi @ Abeda Bibi.

Accordingly, we direct that in the event of arrest the petitioner nos. 1 and 2 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 petitioner nos. 1 and 2 shall cooperate with the investigation till its completion and on further condition that the petitioner nos. 1 and 2 shall appear every day 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 nos. 1 and 2 in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is partly allowed.

CRM(A) 1407 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)