Santi Bibi And ORS v. State Of West Bengal

17.12.2021 cm/ct 28 C.R.M. 7701 of 2021 sl no. 38 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Katwa P.S Case No. 379 of 2021 dated 19.09.2021 under Sections 326 of the Indian Penal Code & 8/12/17 of the Protection of Children from Sexual Offences Act 2012 corresponding to Special Case No.12 of 2021.

And Allowed In Re : Santi Bibi & Ors.

..... petitioners Mr. N. Mulla ...... for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...... for the State It is submitted that petitioners have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegation of forcible assault is not supported by medical evidence. Hence, we are of the opinion petitioners may be granted pre-arrest bail. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioners shall appear before the court below and pray for regular bail within two weeks from date.

The application being CRM 7701 of 2021 is disposed of. ( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J.)