Rabiul Islam @ Rabiul Islam Molla And ORS v. State Of West Bengal

05.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 15 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Paikar Police Station Case No. 255 of 2022 dated 05.12.2022 under Sections 363/365 of the Indian Penal Code, 1860. And In Re : Rabiul Islam @ Rabiul Islam Molla & Ors. ...... petitioners Mr. Sabir Ahmed Md. Kutubuddin Mr. Abdur Rakib ....for the petitioners Mr. Sudip Ghosh Mr. Apurba Kumar Dutta ....for the State There is a statement recorded by the victim under Section 164 of the Code of Criminal Procedure, which states that the victim went away voluntarily.

The victim refused to undergo any medical examination. In such circumstances, we grant anticipatory bail to the petitiones.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 1 (Rabiul Islam @ Rabiul Islam Molla) and 2 (Abu

Torab Mollah) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no. 3 (Arsema Bibi [Dolena]) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)