Mastara Bibi @ Khatun And ORS. v. State Of West Bengal

11.06.2024 Court No.29 Item No. 30 Allowed sg CRM (A) 1871 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 84 of 2024 dated 02.02.2024 under Sections 341/323/325/307/506/354/302/34 of the Indian Penal Code.

And In Re: Mastara Bibi @ Khatun & Ors.

Petitioners Md. Wasim Akram Ms. Reshmi Khatun For the Petitioners Mr. Prasun Kumar Dutta Ms. Snigdha Saha For the State 1.

The learned Counsel for the petitioners has submitted that the petitioners are innocent and the principal accused namely, Ujir Sk. is in custody and one of the accused persons namely, Atabur Rahaman has been granted by the Sessions Judge. It is submitted that in view of aforesaid, the petitioner may be granted anticipatory bail.

2.

The learned Counsel for the State, in opposing the prayer for anticipatory bail, has submitted that the petitioners are involved in the commission of the alleged crime as would be evident from the statement of the neighbour. 3.

Considering the materials available in the case diary and the nature and extent of involvement of the petitioner and having regard to the fact that the chargesheet has already been filed, we are of the view that custodial interrogation of the present petitioners is not necessary.

4.

Accordingly, we direct that in the event of arrest the petitioners, namely, Mastara Bibi @ Khatun, Saiguna Khatun @ Guna Khatun @ Bibi @ Faltushi, Rangila Bibi, Julekha Bibi @ Julekha Khatun, Ganda Bibi @ Saiganda Bewa @ Gyada Bibi and Mst Rojina Bibi, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners shall appear before the learned Trial Court within two weeks from date and thereafter shall attend the court on each and every date failing which, it would be open for the learned Trial Court to cancel the bail without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 6.

CRM (A) 1871 of 2024 is, thus, disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)