Lovely Bibi v. State Of West Bengal And ANR

C.R.M. (A) 4130 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Murshidabad Police Station Case No. 307 of 2022 dated 02.06.2022 under Sections 376/370/370A/372/373/120B of the IPC and Sections 3/4/5/7 of the ITP Act and Sections 6/12/17 of the POCSO Act.

And In the matter of: Lovely Bibi ....petitioner.

Ms. Shabana Hasin ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...for the State.

12.10.2023 ML. 41 Court No. 29 Suvayan

1. Heard learned Advocate for both the parties.

2. Affidavit-of-service filed by the learned Counsel for the petitioner be taken on record.

3. Proclamation having already been issued under Section 82 of Cr.P.C. on 07.09.2022 and this petition for anticipatory bail having been filed on 12.09.2023, the present petition under Section 438 Cr.P.C. is not maintainable in view of judicial dictums.

4. However, the petitioner being a lady, she may appear before the competent Court if, she is so advised, within 15 days of the reopening of the Court after ensuing Puja Vacation giving three days advance notice to the learned PP/APP attached to that Court. If she appears and file application for bail, such bail application shall be disposed of on merit in accordance with law after hearing learned Counsel for both the parties and by finding out whether the petitioner being a lady has any role in the entire transaction.

5. The application being CRM (A) 4130 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)