Angura Bibi And ORS v. The State Of West Bengal

July 25, 2022

(52) ARDR Allowed CRM (A) 3538 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 549 of 2022 dated 22.06.2022 under Sections 363/365/368 of the Indian Penal Code.

And In the matter of: Angura Bibi & Ors.

....petitioners.

Mr. Abdur Rakib, ...for the petitioners.

Mr. Binay Panda, Mr. Subham Bhakat, ...for the State.

Petitioners pray for anticipatory bail.

Learned counsel for the petitioners submits that they are not the principal accused.

Learned counsel for the State draws the attention of this Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

The victim in her statement claims that she went voluntarily with the principal accused. The victim claims herself to be belonging to the Islamic faith and that she married voluntarily the principal accused under such faith. In view of the statement of the victim recorded under Section 164, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the

Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner no. 3, namely, Sk. Anar will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner nos. 1 and 2, namely, Angura Bibi and Anowara Bibi will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 3538 of 2022 is thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)