Najina Bibi v. State Of West Bengal

C.R.M. (A) 3233 of 2023 24.08.2023 ML. 417 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Palashipara Police Station Case No. 64 of 2023 dated 20.02.2023 under Sections 406/420/466/467/468/34 of the IPC.

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

Ms. Shabana Hasin Mr. Asraf Mandal ...for the petitioner.

Mr. S. S. Imam Ms. R. Jana ...for the State.

1. Heard learned Counsel for both the parties.

2. The present case involves purchase of land on two occasions once by the brother of the informant from the rightful owner and on second occasion by the present petitioner on the basis of a forged deed alleged to be executed by the rightful owner in the year 2022 though the rightful owner had already died since 1999. On the basis of the sale deed both are now claiming title over the property and a civil suit is stated to be pending between the parties.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of her arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 3233 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)