Sima @ Sabana Parveen v. State Of West Bengal

C.R.M. (A) 1951 of 2022 28.04.2022 Sl. 29 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Shibpur Police Station Case No. 163 of 2021 dated 08.06.2021 under Sections 341/323/325/308/506/34 of the Indian Penal Code. And In the matter of: Sima @ Sabana Parveen ....petitioner.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett ...for the petitioner.

Mr. P. K. Datta Mr. Santanu Deb Roy Md. Kutubuddin ...for the State.

Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is a lady. There was a scuffle where, the victim fell on the floor and subsequently succumbed to an injury. The husband of the petitioner was taken into custody and was enlarged on bail after 90 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the witness recorded under Section 161 of the Criminal Procedure Code.

Considering the fact that the police filed charge-sheet and and considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case dairy, 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

like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1951 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)