Moumita Bibi v. State Of West Bengal

02.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 6042 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 535 of 2022 dated 16.11.2022 under Sections 326/307/109 of the Indian Penal Code, 1860.

And In Re : Moumina Bibi ...... petitioner Mr. Ali Ahsan Alamgir Ms. Rabia Khatun Ms. Soma Pal ....for the petitioner Mr. Iqbal Kabir ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the State submits that, the petitioner instigated her son to assault the victim with a sharp cutting weapon. He refers to the nature of injury suffered by the victim.

The son of the petitioner, who assaulted the victim, was enlarged on bail by the Jurisdictional Court. The police filed charge-sheet.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)