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Calcutta High CourtCRM(A)/945/2023allowed

Ranjana Khatun @ Ranjana Begum And ORS v. The State Of West Bengal

2023-12-06Hon'Ble Justice Harish Tandon,Hon'Ble Justice Supratim Bhattacharya2 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 06.12.2023. C.R.M. (A) 945 of 2023 1/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali P.S case no. 724 of 2023 dated 24.9.2023 under sections 307/34 of the IPC And Allowed In Re : Ranjana Khatun @ Ranjana Begum & Ors. ......petitioners Mr. Jaydeep Kanta Bhowmik Mr. S Bhowmik Mr. S K Singh ...for the Petitioners.

Mr. Nilay Chakraborty Ms. Sukanya Adhikari ...for the State 1.

Petitioners submit that the victim had trespassed into their residence and molested petitioner no. 1. A criminal case was registered against him. In retaliation the present case has been registered and they have been falsely implicated in the case.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail. He contends that the victim suffered grievous injuries and was hospitalized.

3.

We have considered the material on record. On the day of occurrence victim had trespassed into the house of the petitioners and outraged the modesty of petitioner no. 1. A criminal case was registered. Thereafter, petitioners have been falsely implicated. Possibility of false implication owing to prior enmity cannot be ruled out.

4.

Keeping in mind the aforesaid facts, we are inclined to grant anticipatory bail to the petitioners. 5.

Accordingly, we direct that 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, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioner nos. 5 and 6 shall meet the investigating officer once in a week until further orders.

6.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date. 7.

The application being CRM (A) 945 of 2023 is disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)