SUHANA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) at the instance of four minor/juvenile persons filed in connection with Raghunathganj Police Station case no. 12 of 2021 dtd. 7/1/2021 relating to offences under Sec. 341/325/326/307/302/34 of the Indian Penal Code.

(2.) Precisely the allegations levelled against the petitioners and the other FIR named accused persons in the instant case is that in relation to a civil dispute the accused persons on 6/1/2021 at about 11PM attacked and assaulted the father-in-law of the complainant and when the family members of the complainant tried to restrain them they were also assaulted by the accused persons. In consequence of such assault several persons sustained injuries and were treated in the hospital. Out of several injured, the mother-in-law of the complainant namely Patani Bibi, being one of the injured, was declared dead by the attending doctors. On the basis of the aforesaid allegations FIR was registered against the petitioners and others and the case was taken into investigation.

(3.) The principal question pertaining to the instant petition is whether an application for anticipatory bail under Sec. 438 of the Code at the behest of a juvenile/minor is maintainable. Therefore, before delving into any other points involved in the case, the question of maintainability of the present application for anticipatory bail preferred at the instance of juveniles/minors under Sec. 438 of the Code is to be decided.