Jomela Bibi @ Seikh Jomela Bibi And ORS v. The State Of West Bengal

20.11.2024 Sl. No.7 akd [ALLOWED] C. R. M. (A) 3906 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 07.11.2024 in connection with Salar Police Station Case No.296 of 2024 dated 18.09.2024 under Sections 126(2)/115(2)/117(1)/74/109(1)/89/351(2)/3(5) of the Bharatiya Nyay Sanhita, 2023. (G.R. Case No.1669 of 2024) And In Re: Jomela Bibi @ Seikh Jomela Bibi & Ors. ... ... Petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioners Mr. Sanjay Bardhan Ms. Sima Biswas ... ... for the State 1.

Leave is granted to the learned Advocate-on-record for the petitioners to amend the cause title in course of the day by adding Sections 89/351(2) of the Bharatiya Nyay Sanhita, 2023 to the array of offences.

2.

It is alleged petitioner had assaulted the victim lady resulting in abortion.

3.

We have perused the medical report. Though medical report shows injuries, clinical opinion of the doctor is that there is no proof of abortion. In light of the aforesaid materials on record, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the petitioners, namely (1) Jomela Bibi @ Seikh Jomela Bibi, (2) Rajen Sk. @ Brsat Sk., (3) Titon Sk. @ Taproz Shaikh, (4) Sana Bibi @ Sana Khatun @ Khatoon, (5) Luti Bibi @ Luthi Bibi & (6) Rohoman Sk. @ Azmain Signed By : ARUP KUMAR DAS High Court of Calcutta 22 nd of November 2024 03:18:15 PM

Sk., 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 22 nd of November 2024 03:18:15 PM