Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Babita Parvin & Anr. - on 20 April, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
48. 20-04-11
CRM No. 2976 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 30.3.2011 in connection with Alipurduar P.S. Case No. 508/2010 dated 28.12.2010 under Sections 376/328/323/201/101/341/34 of the Indian Penal Code.
And In the matter of : Babita Parvin & Anr. - petitioners Mr. Md. Sabir Ahmed ... for the petitioners Mrs. Rajyashee Das ... for the State Heard the learned Counsel appearing for the petitioners as well as the learned Counsel appearing for the State. Perused the case diary.
The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 376/328/323/201/101/341/34 of the Indian Penal Code which was registered vide Alipurduar P.S. Case No. 508/2010.
The petitioners are the mother and sister-in-law of the prime accused against whom the allegation is for committing rape upon the victim. The petitioners are in custody for about 36 days.
The learned Counsel appearing for the State opposed the prayer for bail and draws our attention to the 164 statement of the victim girl.
Having gone through the same, we are of the opinion the petitioners' prayer for bail can be considered favourably. Accordingly, prayer for bail is allowed.
Let the petitioners be released on bail upon furnishing P.R. Bond of Rs. 5,000/- each with one local surety of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 2 Alipurduar. They shall not tamper with the prosecution case and shall not commit any offence while on bail.
The application for bail is, thus, disposed of.
(J. N. Patel, Chief Justice.) (Ashim Kumar Roy, J.)