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Calcutta High CourtCRM (A)/4736/2023allowed

Anjuman Bibi And ORS v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.01.2024 Item No.127 Ct. No. 29 CHC Allowed C.R.M.(A) 4736 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haldia Woman Police Station Case No. 48 of 2023 dated 07.06.2023 under Sections 498A/323/307/406/506/34 of the Indian Penal Code, 1860.

And In the matter of : Anjuman Bibi & ors.

...... petitioners Md. Wasim Akram, Syed Murshid Alam, Mr. Subrata Ghosh ....for the petitioners Mr. Debabrata Chatterjee, ld. A.P.P.

Mr. Santanu Chatterjee, Mr. M. Sarkar ....for the State in Mr. Debasis Sur, Mr. Hare Krishna Halder ...for the private respondent Petition is taken up for consideration subsequent to the order dated October 17, 2023, passed by a coordinate Bench. By such order, 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.

Police filed charge-sheet.

Husband was enlarged on bail by the jurisdictional Court. In such circumstances, we confirm the interim order dated October 17, 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 be 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. This application for anticipatory bail is, thus, allowed. CRM(A) 4736 of 2023 is disposed of.

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