Rabia Khatun @ Rabiya Khatun v. State Of West Bengal
22.04.2022 Serial no.30 KS CRM(A) 1828 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathpur Police Station Case No.119 of 2019 dated 21.08.2019 under Sections 306/ 506/ 120B of the Indian Penal Code.
-And- In the matter of: Rabia Khatun @ Rabiya Khatun Mr. Anindya Ghosh Mr. Pronojit Roy .....for the Petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta .....for the State Petitioner renews prayer for anticipatory bail. Learned advocate for the petitioner submits that there is a two month old bay of the petitioner. The police filed charge-sheet and, therefore, custodial detention is not required. Learned advocate for the State submits that warrant of arrest was issued against the petitioner.
Considering the gravity of the offence and involvement of the petitioner therein as it transpires from the Case Diary and considering the fact that police filed charge-sheet and considering the fact that there is a baby of two months old to the petitioner, 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 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 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) 1828 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)