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Calcutta High CourtCRM (A)/2236/2023allowed

Manjura Bibi @ Monju Bibi And ORS. v. State Of West Bengal

2023-06-15Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2236 of 2023 15.06.2023 Sl. 109 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 Hariharpara Police Station Case No. 124 of 2023 dated 23.03.2023 under Sections 341/323/354/436/427/34 of the Indian Penal Code, 1860.

And In the matter of: Manjura Bibi @ Monju Bibi & Ors. ....petitioners.

Md. G. N. Imrohi ...for the petitioners.

Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ...for the State.

1. Heard learned Counsel for the parties.

2. Learned Counsel for the petitioners does not want to press this application of anticipatory bail in respect of petitioner no. 2 (Nijam Sk.) and petitioner no. 3 (Mekali Sk.). Accordingly, this application in respect of petitioner nos. 2 and 3 is dismissed as 'not pressed'.

3. The present petition is confined to petitioner no. 1 (Manjura Bibi @ Monju Bibi) only.

4. Considered the materials placed by the learned Counsel for the parties including the statement of the witnesses.

5. Though we are concerned about the commission of offence under Section 436 IPC, taking into consideration the fact that charge-sheet has already been filed in the meantime, we feel persuaded to grant the benefit of anticipatory bail to petitioner no. 1.

6. Charge-sheet is stated to have been filed in the meantime.

7. Accordingly, it is directed that the petitioner no. 1 shall

appear before the learned Chief Judicial Magistrate, Berhampore, Murshidabad, in Connection with Hariharpara Police Station Case No. 124 of 2023 dated 23.03.2023 within 15 days from today. On his appearance and application for bail she shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

8. Accordingly, the prayer for the anticipatory bail is allowed.

9. The application being CRM (A) 2236 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)