Lutfa Bibi Sekh And ORS v. State Of West Bengal

C.R.M. (A) 3745 of 2023 19.09.2023 ML. 138 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 Nabadwip Police Station Case No. 78 of 2023 dated 16.02.2023 under Sections 325/326/307/34 of the IPC.

And In the matter of: Lutfa Bibi Sekh & Ors.

....petitioners.

Mr. Snehansu Majumder ...for the petitioners.

Mr. Joydeep Roy Mr. Amanul Islam ...for the State.

1. Heard learned Counsel for both the parties.

2. It is submitted on behalf of the petitioners that the allegation as made out in the FIR is the outcome of a family dispute.

3. In course of his submission, learned Counsel for the State draws our attention to the statement of the victim as recorded under Section Cr.P.C.

wherein the victim/lady categorically stated before the Magistrate that on account of misunderstanding in her family the instant case has been lodged by her father.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation 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.

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

6. 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.

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

8. The application being CRM (A) 3745 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)