Usha Parvin @ Usha Bibi v. State Of West Bengal

28.09.2020 SL No.36 pk CRM 7115 of 2020 With CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikehak Police Station Case No. 196 of 2020 dated 18.07.2020 under Sections 120B/420/379/506/500/34 of the Indian Penal Code. And In the matter of: Usha Parvin @ Usha Bibi and another ....Petitioners.

Mr. S. Das, Mr. A. Sarkar ...for the Petitioners.

Mr. Rana Mukherjee, Mr. Santanu Chatterjee ...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.

Accordingly, the application being CRAN 1 of 2020 is disposed of.

Learned counsel appearing on behalf of the petitioners submits that the petitioner no. 1 has been arrested in connection with this case. As such the application is not pressed so far as the petitioner no. 1 is concerned. He submits that this case arose out of property dispute between the brothers. A partition suit has been filed in this case.

Counsel for the State opposes the prayer for anticipatory bail. He submits that there are other issues involved like stealing of motor bike.

Considering the nature of allegations, the materials available in the case diary and the respective roles ascribed to the present petitioners, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Cr. P. C. The petitioner no. 2 shall meet the investigating officer of the case once in a week.

The application for anticipatory bail being CRM 7115 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Soumen Sen, J.) (Jay Sengupta, J.)