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Calcutta High CourtCRM (A)/3903/2023allowed

Pinaki Barman Singha And ANR. v. State Of West Bengal

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3903 of 2023 25.09.2023 ML. 295 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 379 of 2023 dated 08.04.2023 under Sections 347/ 448/ 341/ 323/ 325/ 354/ 506/ 34 IPC (corresponding to G.R. Case No. 733 of 2023). And In the matter of: Pinki Barman Singha & Anr.

....petitioners.

Mr. Khalid Hasan ...for the petitioners.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials placed before us, it is found that the allegation under section 354 IPC is at the fringe which happened in course of tussle between the parties.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each the petitioner shall be released on bail in the event of their arrest by the Arresting Officer 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 is 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 Final Form.

ii) The petitioner no. 1 being a lady is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till submission of Final Form.

4. Within 21 days from today, petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 3903 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)