Calcutta High CourtCRM (A)/2984/2022allowed

Rukshena Bibi v. State Of West Bengal

2022-06-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

23.06.2022 Serial no.35 Aloke CRM (A) 2984 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 987 of 2021 dated 15.09.2021 under Sections 498A/323/34 of the Indian Penal Code and adding Section 10 of Prevention of Child Marriage Act and Section 4 of the POCSO Act.

-AndIn the matter of : Rukshena Bibi ... ... Petitioner Mr. Debabrata Mondal, Advocate Ms. Sreetama Neogi, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, Advocate Mr. Santanu Chatterjee, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police filed charge-sheet and, therefore, further detention of the petitioner is not required. The principal accused is in custody.

Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

Considering the fact that the police filed charge-sheet and considering the fact that the principal accused is in custody and considering the materials in the case diary, 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) 2984 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)