Baharun Bibi v. State Of West Bengal

16.09.2021 tkm/ct 29 C.R.M. 6050 of 2021 sl no. 69 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with English Bazar P.S Case no. 689 of 2019 dated 12.7.2019 under sections 341/328/307/34 of the IPC And Allowed In Re : Baharun Bibi ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Ms. Faria Hossain Ms. Baisali Basu ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioners submits that the police submitted charge sheet. He submits that as petitioner is a lady of advanced age, custodial interrogation of the petitioner is not necessary.

Learned advocate for the State opposes the prayer for anticipatory bail and draws attention of this court to the statement of the victim recorded under section 161 Cr.P.C Considering the facts and circumstances of the case and considering the fact that police submitted charge sheet and considering the age of the petitioner, 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/- 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. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. The application being CRM 6050 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)