Feroj Sekh And ANR v. State Of West Bengal

28.09.2020 b.das CRM 6842 of 2020 With IA No.CRAN/1/2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia P.S. Case No.82 of 2020 dated 15.04.2020 under Sections 314/315/201/120B of the Indian Penal Code.

And In the matter of: Feroj Sekh & Anr.

....Petitioners.

Mr. Prabir Majumdar ...for the Petitioners.

Ms. Sonali Das ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The application being CRAN No.1 of 2020 is disposed of. It is submitted on behalf of the petitioners that they are the owners of the nursing home.

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

From the materials on record it appears that the victim lady had been treated as an outdoor patient in the nursing home and was never admitted in the nursing home. There is nothing on record that the medication prescribed had caused miscarriage.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime, the petitioners may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioners 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.

CRM 6842 of 2020 is disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Kausik Chanda, J.) (Joymalya Bagchi, J.)