Armina Bibi @ Amina Bibi v. State Of West Bengal And ANR

12.03.2024 Item No.2 Ct. No. 29 CHC Allowed C.R.M.(A) 847 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 171/2023 dated 16.08.2023 under Section 363 of the Indian Penal Code adding Sections 365/109 of the Indian Penal Code and Section 6 of POCSO Act, 2012. And In the matter of : Armina Bibi @ Amina Bibi ...... petitioner Mr. Robiul Islam, Mr. Samim ul Bari, Mr. Masooq Rahman ....for the petitioner Mrs. Faria Hossain, Ms. Sima Biswas ....for the State Affidavit-of-service filed in Court be taken on record. Petitioner claims parity with other co-accused who was enlarged on anticipatory bail by the order dated February 13, 2024.

Petitioner is the mother of the co-accused who was enlarged on anticipatory bail by such order on a finding that, victim recorded her statement under Section 164 of the Criminal Procedure Code claiming that she went away voluntarily with the principal accused.

In such circumstances, we 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 12 th of March 2024 05:49:15 PM

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 will cooperate with the investigation and on 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 847 of 2024 is disposed of.

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