Saraswati Bose @ Saraswati Basu@ Smriti Basu v. State Of West Bengal

03.11.2020 Sl. No.14 akd [ALLOWED] C. R. M. 8521 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.10.2020 in connection with Barasat Police Station Case No.

of dated 03.06.2020 under Sections 363/365/376(2)(n)/376(3)/120B of the Indian Penal Code read with Section 6 of the POCSO Act.

And In Re: Saraswati Bose @ Saraswati Basu @ Smriti Basu ... ... Petitioner Mr. Sourav Chatterjee .. Advocate Mr. Aditya Tiwari .. Advocate Mr. Gopal Das .. Advocate ... ... for the petitioner Ms. Faria Hossain .. Advocate Mr. Subrato Roy .. Advocate ... ... for the State The petitioner undertakes to appropriately 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.

The petitioner is the mother of the principal accused. The primary charge is of raping a minor.

The State says that the petitioner was in the room and the petitioner abetted the commission of the offence. The State refers to the statement of the survivor recorded under Section 164 of the Code. Considering such submission and the role of the present petitioner as attributed therein, further detention of the petitioner may not be justified.

The petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the appropriate court in North 24-Parganas. The petitioner will attend every

date fixed for the trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this court. CRM 8521 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)