Rejiya Bibi v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 11.12.2023. C.R.M. (A) 989 of 2023 24/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ghoksadanga P.S case no. 438 of 2023 dated 4.9.2023 under sections 313/506/34 IPC read with section 6 of the POCS Act.

and In Re : Rejiya Bibi ... petitioner Ms. M Das ...... for the petitioner Mr. Nilay Chakraborty Mr. Namrata Das ...... for the State 1.

Petitioner submits she is the wife of the principal accused. She has been falsely implicated. She prays for anticipatory bail.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail. He submits petitioner had taken the minor for illegal abortion.

3.

We have considered the materials on record.

Husband of the petitioner subjected the minor to penetrative sexual assault. Thereafter petitioner took the victim for illegal abortion. In view of the nature of crime and involvement of the petitioner therein we are of the opinion this is not a fit case to grant anticipatory bail to the petitioner.

4.

Accordingly prayer for anticipatory bail is rejected. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)