Silipa Bibi @ Silifa Bibi v. State Of West Bengal

January 8, 2024 Sl No.A 79 s.biswas/cp CRM (A) 4652 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Dhubulia Police Station Case No. 279 of 2023 dated 12.06.2023 under Sections 341/323/313/34 of the Indian Penal Code. And In Re: Silipa Bibi @ Silifa Bibi ... ... Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee ... for the petitioner Md. Rafiqul Islam Mr. Shashanka Shekhar Saha ... ... for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023. By such order, the Coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

Some persons suffered injuries in the incident. One of the persons is a lady. She was 2 and 1⁄2 months pregnant at that point of time.

The petitioner before us assaulted the pregnant lady in the abdomen repeatedly, by reason of which, the pregnant lady suffered bleeding injuries at the abdomen. There are materials in the case diary suggesting miscarriage.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner in the offence, we are

unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 4652 of 2023 is dismissed.

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