Kohinur Bibi v. State Of West Bengal

C.R.M. (A) 3728 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 242 of 2021 dated 22/05/2021 under Sections 448/324/325/326/307/34 of the Indian Penal Code.

And In the matter of: Kohinur Bibi ....petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Saibal Bapuli, Ld. APP Mr. Arijit Ganguli Mr. Arani Bhattacharyya ...for the State.

Petitioner prays for anticipatory bail.

(AD) 05.08.2022 Court No.29 (Allowed) Learned Advocate appearing for the petitioner submits that all other co-accuseds were granted bail by the jurisdictional Court. The police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the injury report of the victim as well as the materials in the case diary. Considering the fact that the police filed charge sheet and considering the fact that the other co-accuseds were enlarged on bail by the jurisdictional Court and considering the gender of the petitioner, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of

like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 3728 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)