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Calcutta High CourtCRM(A)/601/2023allowed

Rashi Baske@Rani Kisku v. The State Of West Bengal

2023-08-17Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 17.08.2023 Court No.1 Item. 49 (sg/cm) CRM(A) 601 OF 2023 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Kharibari Police Station Case No. 295/2021 dated 27.09.2021 under Sections 498A/312/307/120B of the Indian Penal Code.

And In the matter of: RASHI BASKE @ RANI KISKU . .. . . . . .Petitioner.

Mr. Hillol Saha Poddar For the Petitioner.

Mr. Kallol Acharjee Mr. Dhiman Sil For the State.

1. The petitioner is the mother-in-law of the victim girl. The allegation is of physical assault. We do not find any medical records in the Case Diary. The victim girl has also been produced. The husband and the father-in-law of the victim were granted bail on 20th November, 2021 by the Additional District and Sessions Judge (1st Court), Siliguri. One of the grounds for release is the contradictory statement made by the victim girl. We also find that no specific allegations have been made against the petitioner before us.

2. We are hence inclined to grant the prayer for anticipatory bail.

3. We accordingly direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of who

must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioner shall cooperate with the investigation and make himself available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioner shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

4. The application for anticipatory bail being CRM(A) 601 of 2023 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)