Calcutta High CourtCRM (A)/3571/2023allowed

Rehenur Khatun @ Rehenur Bibi And ORS v. State Of West Bengal

2023-08-31Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3571 of 2023 31.08.2023 SL. 45 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 Harishchandrapur Police Station Case No. 650 of 2023 dated 06.07.2023 under Sections 341/325/354/326/379/34 of the IPC.

And In the matter of: Rehenur Khatun @ Rehenur Bibi & Ors. ....petitioners.

Ms. Minoti Gomes Mr. Asfak Ahammad ...for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ...for the State.

Mr. Sujoy Sarkar Mr. Rahul Chachan ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. It is contended that the alleged incident occurred during Panchayat Election. It appears that during the alleged transaction four victims have suffered injuries. From the C.D. it reveals that none of the injuries of the aforementioned four victims are serious in nature and they have also not suffered any bony injury on their respective vital parts of the body.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed (Supra) and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their 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 including the conditions that: i) The petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed

by the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

5. Within 21 days from today each of 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) 3571 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)