Aswani Bibi @ Asyoni Bibi v. State Of West Bengal

27.03.2023 Serial no. 20 [Dd] (Anticipatory bail) Allowed) CRM (A) 1237 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 905 of 2021 dated 01.08.2021 under Sections 376/323/506/109 of the IPC(G.R. Case No. 4037/2021). Charge sheet submitted under Sections 376/323/506/109 of IPC and under Sections 341/323/506/109 of the IPC.

-AndIn the matter of : Aswani Bibi @ Asyoni Bibi ... ... Petitioner Ms. Minoti Gomes, Mr. Musharraf Alam Sk.

Ms. Susmita Ghorai, Advocates ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates ... ...For the State The principal accused was enlarged on bail by the jurisdictional Court.

Police filed charge sheet.

The petitioner before us is the mother of the principal accused.

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) 1237 of 2023 is disposed of.

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