Sushama Patra And ORS v. State Of West Bengal And ANR

C.R.M. (A) 2651 of 2023 25.07.2023 SL. 32 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Minakhan Police Station Case No. 210 of 2023 dated 02.06.2023 under Sections 448/376/511/354A/323/325/379/427/506/34 of the IPC read with Section 8 of the POCSO Act.

And In the matter of: Sushama Patra & Ors.

....petitioners.

Mr. Saikat Chatterjee Mr. Md. Abdur Rakib Mr. I. Ahmed ...for the petitioners.

Mr. Madhusudan Sur, APP Mr. Dipankar Paramanick ...for the State.

1. Heard learned Counsel for both the parties.

2. Affidavit-of-service filed by the petitioners be taken on record.

3. There is stated to be case and counter case between the parties.

4. It is fairly submitted at the Bar that one Tishan Chakraborty is alleged to have committed the offence under Sections 376/511 of the IPC read with Section 8 of POCSO Act. So far as the present petitioners are concerned there is no such allegation against them. Out of the petitioners only petitioner No. 4 is a male person and all other are female persons.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence 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 conditions that i) the petitioner No. 5, Janak

Chakraborty is directed appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.; ii) the petitioner No. 1, Sushama Patra, the petitioner No. 2, Kalyani Chakraborty, the petitioner No. 3, Tanusree Chakraborty and the petitioner No. 4, Keya Chakraborty are directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset; iii) each of the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

7. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

6. The application being CRM (A) 2651 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)