Ambiya Bibi @ Ambia Khatun Bibi And ANR v. State Of West Bengal

(AD) 07.09.2021 Court No.29 (Allowed) C.R.M. 5717 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26/08/2021 in connection with Pingla P.S. Case No. 121 dated 24/04/2020 under Sections 448/323/354B/379/506/34 of the Indian Penal Code.

And In the matter of: Ambiya Bibi @ Ambia Khatun Bibi & Anr. ....petitioners.

Mr. Navanil De ...for the petitioner.

Ms. Zareen N. Khan Mr. Ashoke Das ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that there are long-standing property disputes between the de facto complainant and the petitioners. Moreover, the principal accused was granted bail by the Sessions Court. Learned Advocate appearing for the State submits that there are statements recorded under Section 164 of the Criminal Procedure Code implicating the petitioners.

Considering the facts and circumstances of the case and considering the fact that there are property disputes between the de facto complainant and the petitioners and the fact that the principal accused was granted bail, we are of the opinion though custodial interrogation of the petitioners may not be necessary, petitioners are required to cooperate with the investigation in accordance with law.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- 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 further condition that they shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 5717 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)