Calcutta High CourtCRM (A)/2788/2024allowed

Maleka Bibi @ Maleka And ORS. v. The State Of West Bengal

2024-08-27Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

27.08.2024 Sl No.28 Court No. 29 TN (Allowed) CRM (A) 2788 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harishchandrapur Police Station Case No.452 of dated 01.06.2024 under Sections 341/325/326/ 307/506/34 of the Indian Penal Code.

And In the matter of: Maleka Bibi @ Maleka and others .... petitioners Mr. Bibhasan Bhattacharya, Mr. S. Pakrashy ....for the petitioners Mr. Depanjan Dutta, Mr. Sujoy Sarkar, Mr. Rahul Chachan ....for the de facto complainant Mr. Sujan Chatterjee ... for the State

1. Heard the learned counsel for the parties.

2. Considering the materials available in the case diary and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure read with the injury report and having regard to the fact that the present petitioners have not been specifically named by the injured, we are of the view that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Maleka Bibi @ Maleka, Anjura Bibi @ Anjura Khatun and Fahamida respectively shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, to the satisfaction of Signed By :

TANMOY NANDAN High Court of Calcutta 29 th of August 2024 10:38:18 AM

the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.

4. The petitioners shall cooperate with the investigation.

5. The injury report is kept on record.

6. Accordingly, the application for anticipatory bail is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 29 th of August 2024 10:38:18 AM