Calcutta High CourtCRM (A)/2642/2023allowed

Rubina Khatun And ANR v. State Of West Bengal

2023-07-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

25.07.2023 (D/L 24) Ct. No.29 Allowed (SKB) CRM (A) 2642 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No.407 of 2023 dated 14.04.2023 under Sections 341/323/325/354/307/34 of the Indian Penal Code.

In the matter of : Rubina Khatun and another ... Petitioners Mr. Amitava Karmakar, Mr. Arnab Kumar Neogi, Mr. Asish Dutta ... for the petitioners Mr. Imran Ali, Ms. Sutapa Banerjee ... for the State

1. Heard the learned Counsel for the parties.

2. Considered the materials placed by them. The injury sustained by the victim is stated to be simple in nature. The petitioner nos.1 and 2 are the wife and husband respectively.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of injury as discussed supra and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the

condition that so far as the petitioner no.2 is concerned, the petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form. So far as the petitioner no.1 is concerned, the petitioner being a lady is directed to appear before the IO for the purpose of investigation as and when required from sunrise to sunset. Both the petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 2642 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)