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Calcutta High CourtCRM (A)/1712/2023allowed

Kadari Bibi v. State Of West Bengal

2023-04-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1712 of 2023 21.04.2023 Sl.37 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burwan Police Station Case No. 29 of 2023 dated 01.02.2023 under Sections 448/324/354/427/307/34 of the Indian Penal Code. And In the matter of: Kadari Bibi & Ors.

....petitioners.

Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ...for the petitioners.

Mr. Tanmoy Kumar Ghosh, Ld. Sr. Government Advocate Ms. Sonali Bhar ...for the State.

Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ... for the de facto complainant.

Petitioners pray for anticipatory bail.

State and the de facto complainant are represented. Three persons received injuries in an incident of assault amongst family members.

The injured claims that all the petitioners were involved in the incident of assault.

Police filed charge sheet.

One of the injured suffers grievous hurt of fracture of a leg. None of the injuries apparently suggest that they were inflicted so as to commit homicide.

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

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of

Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 1712 of 2023 is disposed of.

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