Rehena Bibi And ANR. v. State Of West Bengal And ANR
03.10.2024 AD-26 Court No.29 TN (Allowed) CRM (A) 3432 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (equivalent under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023) filed in connection with Harishchandrapur Police Station Case No. 509 of dated 21.06.2024 under Sections 448/509/323/ 354/326/307/34 of the IPC.
And In the matter of: Rehena Bibi @ Rahena Bibi and another .... petitioners Mr. Ashok Das, Mr. S. Pakrashy ....for the petitioners Mr. Manoranjan Mahata ....for the State Mr. Soham Banerjee ....for the de facto complainant
1. Heard the learned counsel for the parties.
2. The daughter-in-law is the complainant. The petitioner no.1 is the mother-in-law and the petitioner no.2 is the sister-in-law of the de facto complainant.
3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and the gravity of the offence and also having regard to the statement of the de facto complainant (the injured) and her husband, it appears that one Noaz Ali is the principal accused.
4. Considering the role ascribed to the present petitioners, we are of the view that custodial interrogation of the petitioners is not necessary. Moreover, charge sheet has already been filed. Signed By :
TANMOY NANDAN High Court of Calcutta 4 th of October 2024 10:24:12 AM
5. Accordingly, we direct that in the event of arrest, the petitioners, namely, Rehena Bibi @ Rahena Bibi and Moni Bibi @ Soni Bibi @ Yeashmin Parveen respectively shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.
6. It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate, Chanchal, Malda by 8th October, 2024.
7. The report is kept with the record.
8. Accordingly, the application for anticipatory bail is disposed of.
9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :
TANMOY NANDAN High Court of Calcutta 4 th of October 2024 10:24:12 AM