Sahida Bibi And ORS v. The State Of West Bengal

12-11-2024 (ct. no.01) KOLE In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 786 of 2024 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Sahebganj Police Station Case No. 464 of 2024 dated 08.08.2024 under Sections 137(2)/104(3)/49 of the BNSS, 2023. - A n d - In the matter of : Surjan Bibi & Ors.

.... Petitioners.

Mr. Sudip Guha, ... For the Petitioners.

Mr. Tapan Bhattacharjee, Mr. Chattu Roy, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioners pray for pre-arrest bail. The petitioner no. 1 is the grandmother of the principal accused who is at large. He is alleged to have kidnapped the victim girl. The petitioner no. 2 is the mother of the principal accused, the petitioner no. 3 is the grandfather, the petitioner no. 4 is the uncle and the petitioner no. 5 is the father of the principal accused. They say that they have no role to play in the alleged offence. They are aged people. Their custodial interrogation is not necessary.

2.

From the material in the case diary including the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure, prima facie, we find implication of these petitioners in the alleged crime. The victim girl has not yet been recovered. Investigation is in progress.

3.

At this stage, we are not inclined to entertain the prayer of the petitioners for anticipatory bail.

4.

CRM (A) 786 of 2024 is, thus, dismissed.

5.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Biswaroop Chowdhury, J. ) ( Arijit Banerjee, J. )