Nargis Begum@ Nargis Bibi v. State Of West Bengal

29.9.2020 ap CRM 7266 of 2020 with I A No. CRAN 1 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harirampur P.S. Case No. 125 of 2020 dated 02.8.2020 under Sections 498A/313/323/379/506/34 of the Indian Penal Code. And In the matter of: Nargis Begum @ Nargis Bibi & Ors. ....Petitioners.

Mr. Sarthak Burman ...for the Petitioners.

Ms. Faria Bossain Ms. Baisali Basu ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned advocate for the petitioners submits that the petitioner no. 1 is the wife of the principal accused and petitioner nos. 2,5 and 6 are sisters-in-law, petitioner no.3 is the aunt-in-law and petitioner no. 4 is the mother-in-law of the complainant. Learned advocate further submits so far as nature of the allegations are concerned, prima facie, there is no involvement of the petitioner nos. 2 to 6. So far as the allegation against the petitioner no. 1 is concerned, learned advocate submits that although a case may have been made against her but her custodial detention

may not be warranted in the facts and circumstances of the case.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that the medical reports would reveal the involvement of the accused persons. We have perused materials on record which reflect the statement made by the victim as also the medical reports and we have also taken into account that the principal accused, being the husband, is already in custody.

Having considered the same, we are of the opinion that the facts involved in this case do not warrant the custodial detention of these six petitioners.

Accordingly, the prayer for anticipatory bail is allowed. In the event of arrest, namely, the petitioner nos.1 Nargis Begum @ Nargis Bibi, 2. Chabi Khatun, 3. Mahamuda Bibi,

4. Kahinus Bibi, 5. Rina Bibi, and 6. Abiron Begum @ Ruby @ Rubina Khatun will be enlarged on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of equal amount, one of whom must be local, to the satisfaction of the of the arresting officer. In addition, the petitioner will abide by the conditions laid down in Section 438(2) of the Code. The petitioner no. 1 (Nargis Begum @ Nargis Bibi) is directed not to leave the jurisdiction of the learned ACJM, Gangarampur at Buniadpur without the leave of the learned ACJM until further orders. CRM 7266 of 2020 and CRAN 1 of 2020 are disposed of. (Subrata Talukdar, J.) (Tirthankar Ghosh, J.)