Calcutta High CourtCRM (A)/2897/2023allowed

Nazma Khatun v. State Of West Bengal

2023-08-08Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2897 of 2023 08.08.2023 ML. 123 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 86 of 2023 dated 31.01.2023 under Sections 304/34 IPC.

And In the matter of: Nazma Khatun & Ors.

....petitioners.

Mr. Sk. Sahjahan Ali ...for the petitioners.

Mr. Prasun Kr. Datta, Ld. APP Mr. Nirupam Dhali ...for the State.

Mr. Suman De Mr. Abhinaba Mukherjee ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. Deceased is alleged to have died by a punch given by one, Sk. Ajijul Rahman who is stated to be the nephew of the deceased. Admittedly, there is a land dispute between the parties. The present petitioners who are ladies are alleged to have instigated the principal accused and other male accused persons by their presence at the spot and utterances.

3. Investigation is stated to have progressed substantially.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation against the petitioners and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of his arrest by the Arresting Officer 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 fact that: i) the petitioners being ladies are directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till the submission of F.F.

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

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

7. The application being CRM (A) 2897 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

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