Calcutta High CourtCRM (A)/3856/2023allowed

Jahara Bibi @ Jahnara Bibi @ Jahanara And ORS v. State Of West Bengal

2023-09-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3856 of 2023 21.09.2023 ML. 248 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 Bolpur Police Station Case No. 279 of 2023 dated 26.07.2023 under Sections 341/324/325/379/34 of the IPC.

And In the matter of: Jahara Bibi @ Jahnara Bibi @ Jahanara & Ors.

....petitioners.

Mr. Sanjib Kumar Dan ...for the petitioners.

Mr. Navanil De ...for the State.

1. Heard learned Counsel for both the parties.

2. There is stated to be case and counter case between the parties.

3. The offence which is non-bailable in nature is offence under Section 379 IPC allegation regarding which is at the fringe.

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 including the conditions that:

i) The petitioner No. 2 (Brojo Kha @ Badruddin Khan) and petitioner No. 3 (Ganju Kha @ Saju Khan) are directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioner No. 1 (Jahara Bibi @ Jahnara Bibi

@ Jahanara) is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till submission of F.F.

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) 3856 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)