Nasera Khatun And ANR v. The State Of West Bengal
31.7.2024 Ct. No. 6 SL No. 40 S.De/ Tanmoy C.R.M. (DB) 2028 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pursurah P.S. Case No. 22 of 2024 dated 23.01.2024 under Sections 341/323/324/325/313/506/34 of the Indian Penal Code.
And In the matter of: Nasera Khatun & Anr.
Mr. Niladri Sekhar Ghosh Mrs. Sampurna Chatterjee Mr. Sourav Mondal ...for the Petitioners Mr. Debabrata Chatterjee Mr. Tirthankar Dhali ....for the State Ms. Nasree Islam ...for the de facto complainant.
1. Petitioners are in custody for 66 days. They submit miscarriage suffered was not due to assault. They pray for bail.
2. Learned advocate for the State opposes the bail prayer.
3. Learned advocate for the de facto complainant/wife submits she was hit on the head by a bat.
4. We have considered the materials on record. There was a free fight amongst the parties. Case and counter case were registered. Medical opinion is inconclusive whether miscarriage was due to assault.
5. Under such circumstances we are of the opinion further detention is not necessary.
6. Accordingly, we direct the petitioners 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 the learned Chief Judicial Magistrate, Hooghly subject to the condition that the petitioners shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever Signed By :
SANDIP DE High Court of Calcutta 5 th of August 2024 05:37:09 PM
and on further condition that petitioner no.2 (Samsuddin) shall meet the Investigating Officer once in a week and petitioner no.1 (Nasera Khatun) shall co-operate with the investigation in accordance with law.
7. In the event petitioners fail to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their bail without any further reference to this Court.
8. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)