Sainichha Bibi @ Sahinicha Bibi And ANR v. The State Of West Bengal

04.11.2024 SG [ALLOWED] C. R. M. (A) 3681 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bharatpur Police Station Case No. 196 of 2024 dated 18.07.2024 under Sections 329(4)/118(2)/109(1)/ 351(3)/3(5) of the Bharatiya Naya Sanhita.

In Re: Sainichha Bibi @ Sahinicha Bibi and Anr. ... ... Petitioners Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar.

... ... for the petitioners Mr. Manoranjan Mehata, ... ... for the State 1.

Petitioner contends they have been falsely implicated. They are not the principal assailants. They pray for anticipatory bail 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the statement of the injured as well as the injury report. Statement of the injured shows petitioners were not armed with a sharp cutting deadly weapon. Possibility of false implication cannot be ruled out.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

8.

Accordingly, we direct that in the event of arrest, the petitioners viz., Sainichha Bibi @ Sahinicha Bibi and Ambaj Sk. be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Signed By :

SOURAV GHOSH High Court of Calcutta 7 th of November 2024 05:26:33 AM

Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the court below and pray for regular bail within four weeks from date. 9.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 7 th of November 2024 05:26:33 AM