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Calcutta High CourtCRM (A)/2088/2023dismissed as rejected

Rashida Bibi v. State Of West Bengal And ANR

2023-05-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.05.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2088 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kolaghat Police Station Case No. 398 of 2022 dated 02.08.2022 under Sections 376(3)/120B of the Indian Penal Code and Sections 06/17 of the POCSO Act and Sections 09/10 of the PCM Act.

And In Re : Rashida Bibi ...... petitioner Mr. Imtiaz Ahmed Mr. Ghazala Firdous Mr. M. Islam Sk. Saidullah Mr. Mithun Mondal Md. Arsalan ....for the petitioner Ms. Purnima Ghosh ....for the State Petitioner prays for anticipatory bail.

Petitioner before us is the mother of the principal accused.

The victim, a minor, recorded her statement under Section 164 of the Code of Criminal Procedure (Cr.P.C.). In her statement, she implicates the petitioner also. She speaks of an incident where, a neighbour entered into her room for the purpose of entering into a physical relationship with her. Considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 2088 of 2023 is dismissed.

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