BITHIKA SIL Vs. KARTICK PAIK

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 9/12/2019 passed by the Learned Sessions Judge, Barasat, 24 Parganas (North), in connection with Cri. Misc. Case No. 05/2019, rejecting thereby the prayer of the petitioner (i.e. de facto complainant) for cancellation of bail of the opposite parties made under Sec. 439(2) of the Code of Criminal Procedure, by not interfering with the impugned orders of granting bail to the opposite parties, vide orders dtd. 30/8/2019 and 4/9/2019 so passed by the Learned Additional Chief Judicial Magistrate, Barrackpore, 24 Parganas (North) under Sec. 437 of the Code of Criminal Procedure, in connection with New Barrackpore Police Station Case No. 318/2019 dtd. 24/8/2019 culminating into G.R. Case No. 4820/19 presently pending before the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore, 24 Parganas (North) for commission of offence under Ss. 448/323/326/308/379/427/354B/506/34 of the Indian Penal Code.

(2.) The petitioner/de facto complainant's case is that on 24/8/2019 at about 1 p.m. the opposite parties/accused persons Nos. 1 to 4 along with one Binoy Paik son of Kedar Paik, Biswa Paik and Asish Paik, both sons of Late Manish Paik and Smt. Dipa Paik wife of Benoy Paik along with about 200 unholy associates suddenly attacked the house of the complainant pursuant to previous animosity and started ransacking the said house. Further, all the miscreants as named started removing valuable articles of the complainant and when the complainant and her family members resisted the said miscreants they conjointly pushed the complainant to the floor and started assaulting her with bamboo sticks and iron rods and even inflicted injury on her head as a result of which the complainant sustained severe head injury with profuse bleeding from the same. And by taking advantage of the helpless condition of the complainant the said miscreants including the opposite parties/accused persons herein violated her privacy. The husband of the complainant, Asim Sil, tried to rescue the complainant but the said opposite parties/accused persons physically assaulted him and as a result he also sustained injury on his head and cut injury on his cheeks and chin. Further, they attempted to outrage the modesty of the sister-in-law of the complainant and even the father-in-law of the complainant aged about 82 years was also not spared. He also sustained injury on his ears. After that the complainant was taken to New Barrackpore Police Station by her husband Asim Sil wherefrom she was shifted to Ghola Hospital where she was treated by the doctor and eight stitches were put over the cut injury on her head.

(3.) That immediately the facts narrated hereinabove were reduced in writing and the letter of complaint was submitted before the Officer-in-Charge of New Barrackpore Police Station giving rise to New Barrackpore Police Station Case No. 318/2019 dtd. 24/8/2019 culminating into G.R. Case No. 4820/19 presently pending before the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore, 24 Parganas (North) against opposite parties/accused persons herein along with one Binoy Paik son of Kedar Paik, Biswa Paik and Asish Paik, both sons of Late Manish Paik and Smt. Dipa Paik wife of Benoy Paik and other 200 persons for commission of offence under Ss. 448/323/326/308/379/427/354B/506/34 of the Indian Penal Code.