Rejina Bibi Alias Rojina Bibi And ANR v. State Of West Bengal

24.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1214 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 144 of 2023 dated 04.02.2023 under Sections 436/427/34 of the Indian Penal Code, 1860.

And In the matter of: Rejina Bibi @ Rojina Bibi & anr. ...... petitioners Ms. Minoti Gomes, Mr. Imdadul Hoque ....for the petitioners Mr. Binay Panda, Ms. Puspita Saha ....for the State Mr. ... ....

...for the de facto complainant State and the de facto complainant are represented. Apparently, there are disputes between the private parties with regard to immovable property.

Three police cases, including the present one is pending amongst them. The first of the police cases is at the behest of the petitioners and prior in point of time than the police case of the de facto complainant.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will 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 438(2) of the Code of Criminal Procedure, 1973 and that petitioner no.1, namely, Rejina Bibi @ Rojina Bibi will cooperate with the Investigating Officer till the conclusion of the investigation and petitioner no.2, namely, Subed Ali will report before the Investigating Officer as and when called for till the conclusion of investigation and on further condition that the petitioners shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accuseds and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioners in court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)