Mst. Rusena Begam v. The State of Tripura

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

A.B.No.23 of 2023

For Petitioner(s) : Mr. S. Sarkar, Sr. Advocate. Ms. V. Poddar, Advocate. For Respondent(s) : Mr. S. Debnath, Addl. P.P.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

_O_ R_ D_ E_ R_ 12/09/2023

Heard Mr. S. Sarkar, learned senior counsel assisted by Ms. V. Poddar, learned counsel appearing for the petitioner. Also heard Mr. S. Debnath, learned Addl. Public Prosecutor appearing for the respondent-State. [2]

This is an application filed under Section-438 of Cr. P.C. for granting anticipatory bail to the accused-person who is wanted in connection with Amtali P.S. crime No.2022AMT015 registered under Sections-120(B)/376/384/506 of IPC and 27 of Arms Act. [3]

It is alleged that in the year 2018 at about 21:30 hrs when complainant went to the house of FIR named accused person namely Rusena Begam at that time the other FIR named accused person Kashem Bhuiya was present in the house of Rasena Begum and subsequently complainant was offered a soft drink by Kashem Bhuiya, thereafter, consuming the soft drink complainant lost her consciousness and when the complainant returned to her senses in the morning she found herself naked on the bed. The complainant got a call from the FIR named accused petitioner Rusena Begam to go to her house and when complainant went to the house of Rusena Begum the other accused person Kashem Bhuiya who present in the house demanded Rs.7,00,000/- from the complainant by showing obscene scene of complainant (victim) along with him. [4]

Accordingly, due to fear complainant arranged Rs.3,20,000/- and handed over to the accused person Kashem Bhuiya. After that on 16/01/2022, the accused person Kashem Bhuiya again call upon the complainant at Battala bridge and demanded more money and threatened to kill the complainant if she does not fulfill his demand. Kashem Bhuiya also threatened the complainant by stating that if she does not fulfill his demand he will upload the obscene video to social media.

[5]

In view of the same and having heard the learned counsel appearing for the parties, this Court is of the opinion that the petitioner shall surrender herself before the concerned Court on or before 20th September, 2023 and move a bail application and on receipt of such bail application, the concerned Court shall grant bail to the petitioner if the petitioner furnishes Rs.1,00,000/- each (Rupees one lakh) by way of fixed deposit (obtained from scheduled nationalized bank) with two sureties for the like sum and also execute a personal bond. The fixed deposit of Rs.2,00,000/- (Rupees two lakhs) shall be kept valid till the criminal proceeding is disposed of by the Court below. [6]

In addition to the above, the Court below may also impost any other conditions depending upon the facts and circumstances of the case.

[7]

In terms of the above, the present anticipatory bail application stands disposed of. Return the case diary.

JUDGE

A. Ghosh ANJAN GHOSH by ANJAN GHOSH Date: 2023.09.14 13:12:23 +05'30'