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Calcutta High CourtCRM (A)/3874/2024partly allowed

Merina Bibi And ANR v. The State Of West Bengal

2024-11-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.11.2024 as [PARTLY ALLOWED] C. R. M. (A) 3874 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hariharpara Police Station Case No. 606 of 2024 dated 02.09.2024 under Sections 118(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023.

In Re: Merina Bibi & Anr.

... ... Petitioners Ms. Minoti Gomes, Mr. Jisan Iqubal Hossain.

... ... for the petitioners Mrs. Sayanti Santra, Mr. Sharequl Haque.

... ... for the State 1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner No.2 assaulted the victim with a brick resulting in grievous injury.

3.

Under such circumstances, we are not inclined to grant anticipatory bail to him.

4.

Hence, prayer for anticipatory bail of petitioner No.2 viz., Mosaib Alam is rejected.

5.

Keeping in mind the extent of complicity of the petitioner No.1, viz., Merina Bibi mother of petitioner No.2 viz., Mosaib Alam in the crime, who is alleged to be an abettor, we are inclined to grant bail to her.

6.

Accordingly, we direct that in the event of arrest, the petitioner No.1 viz., Merina Bibi be released on bail upon Signed By : ALOK SETH High Court of Calcutta 14 th of November 2024 04:26:14 PM

furnishing a bond of Rs.10,000/-, 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 482(2) of BNSS. She shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 7.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 14 th of November 2024 04:26:14 PM