Mamena Bibi And ORS. v. State Of West Bengal

38.

38.

29.07.2025 29.07.2025 Ct. No. 25 (ARPAN) (Allowed)

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction (Appellate Side) C.R.M. (A) 2057 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tapan Police Station Case No.60 of 2025 dated 29.01.2025 under Sections 126(2)/115(2)/117(2)/118(2)/109/74/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023;

And In Re: Mamena Bibi & Others ... Petitioners Mr. Biswajit Manna, Adv.

...for the Petitioner Mr. Anwar Hossain, Adv.

Mr. Manoranjan Mahata, Adv, ...for the State Mr. Pronojit Roy, Adv.

...for defacto Complainant 1.

Learned counsel for the State has submitted a report of SI Md. Nazir Hossain, Tapan P.S., Dakshin Dinajpur. Let it be taken on record.

2.

On perusal of the report it appears that various raids were conducted to affect the arrest of the petitioners but they were absconding.

3.

Learned counsel for the State has also invited attention of this Court to the statement of witnesses.

4.

I have gone through the statement of the witnesses. Though the witnesses have stated about the presence of the petitioners on the spot and their involvement but no specific role has been assigned

to them. Admittedly, it was a long standing dispute between the parties. Petitioners are ladies of around 50 years of age. 5.

Taking into account, in the event of arrest, the petitioners shall be released on bail upon furnishing a personal bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioners shall cooperate with investigation and shall not threaten or intimidate witnesses.

6.

The application for anticipatory bail is, thus, allowed. 7.

All parties shall act on the basis of the server copy of this order. (Dinesh Kumar Sharma, J.)