Jayelun Bibi @ Jainul Bibi And ORS. v. State Of West Bengal

C.R.M. (A) 4608 of 2023 08.01.2024 ML.12 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Paikar Police Station Case No. 76 of 2023 dated 18.03.2023 under Sections 448/323/325/307/34 of the Indian Penal Code, (corresponding to G.R. Case No.378 of 2023).

And In the matter of: Jayelun Bibi @ Jainul Bibi & Ors. ....petitioners.

Mr. Bitasok Banerjee ...for the petitioners.

Md. Anwar Hossain Ms. Ratna Ghosh ...for the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023. By such order, the petitioners were enlarged on interim anticipatory bail by the Coordinate Bench.

It is submitted at the bar that such prayer for interim anticipatory bail was granted without considering the materials in the case diary and just prior to the ensuing puja vacation. We perused the materials in the case diary.

We find that the principal accused was arrested and enlarged on bail.

Police filed charge sheet.

The injury report suggests that the injured suffered cut injury on the head and bruises over the neck.

Apparently, the incident arose out of dispute between the neighbours.

In such circumstances, we confirm the interim order dated October 16, 2023.

Accordingly, we direct that in the event of arrest, the

petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two 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 and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 4608 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)