Calcutta High CourtCRM (A)/2722/2023allowed

Shamima Begum And ORS v. State Of West Bengal

2023-08-02Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

02.08.2023 (D/L 28) Ct. No.29 Allowed (SKB) CRM (A) 2722 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Karaya P.S. Case No.159 of 2023 dated 13.06.2023 under Sections 341/323/379/506/34 of the Indian Penal Code and Section 75of Juvenile Justice (Care and Protection of Children) Act, 2015.

In the matter of : Shamima Begum and others ... petitioners Mr. Shataroop Purkayastha, Ms. Jagriti Bhattacharya ... for the petitioners Ms. S. Bapuli, APP Ms. Sayanti Santra ... for the State Mr. Danish Haque, Md. Zohaib Rauf, Mr. Abdul Zahid, Md. Siraj Munir, Mr. Ajitesh Pandey ... for the defacto complainant

1. Heard the learned Counsel for the parties.

2. The investigation is stated to have progressed substantially. This is a dispute between the family of two stepbrothers fathered by the informant through two different wives.

3. 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:

i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

ii) So far as the petitioner no.2 is concerned, he shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

iii) So far as the petitioner nos.1, 3 and 4 are concerned, being ladies they are directed to appear before the IO for the purpose of investigation as and when required between sunrise to sunset.

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) 2722 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.)