Calcutta High Court (Appellete Side)
Muniya Bibi @ Sabnur Parven & Ors vs Unknown on 13 May, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
13.05.2025 SL.61 Ct.No.28 NB CRM (A) 1541 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matia P.S. Case No.447 of 2024 dated 11.12.2024 under Sections 329(3)/117(2)/118(2)/109/76/351(2)/3(5) of the BNS pending before the learned Additional Chief Judicial Magistrate, Basirhat, North 24- Parganas.
And In the matter of: Muniya Bibi @ Sabnur Parven & Ors.
...petitioners Mr. Kallol Kumar Basu, Md. Jannat ul Firdous.
...for the petitioners.
Mr. Rana Mukherjee ld.APP., Mr. Manoranjan Mahata.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. Out of previous grudge, a scuffle took place between the adverse parties. Both sides received injuries.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the injury reports, which show inflicting of lacerated injury on head and forehead of the victims. One person was given a few stitches and another was admitted in the surgery department. Independent local eyewitnesses have taken the names of the present petitioners.
Considering the nature of allegations and the injuries inflicted, I am not inclined to grant anticipatory bail to the petitioner nos.2, 3 and 4 (Rabiul Mondal, Monirul Mondal @ Manirul Mondal and Jamal 2 Mondal @ Jamaluddin Mondal). Their application for anticipatory bail is rejected.
However, considering the fact that the petitioner no.1 is a female member of the family, I am inclined to grant the application for anticipatory bail to the petitioner no.1 (Muniya Bibi @ Sabnur Parven) Accordingly, in the event of arrest, the petitioner no.1 (Muniya Bibi @ Sabnur Parven) shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition not to threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and to attend the jurisdictional Court on the dates fixed.
The application for anticipatory bail being CRM(A) 1541 of 2025 is, thus, partly allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)