Bibhrangshu Bar@Brivangshu Bar v. State Of West Bengal

16.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 181 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Contai Police Station Case No. 255 of 2022 dated 22.06.2022 under Sections 363/365/368/34 of the Indian Penal Code, 1860.

And In Re : Bibhrangshu Bar @ Brivangshu Bar ...... petitioner Mr. Shibaji Kumar Das Ms. Rupsa Srimani ....for the petitioner Mr. Angshuman Chakraborty ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the victim fled with the son of the petitioner on a previous occasion. The wife of the petitioner was enlarged on bail by the jurisdictional Court.

Learned advocate appearing for the State submits that, the victim is a minor and yet to be recovered. He submits that, a number of raids were held for the purpose of recovering of the victim.

The police complaint narrates that, on a previous occasion, the victim ran away with the son of the petitioner. The wife of the petitioner was granted bail by the jurisdictional Court.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioner 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 petitioner 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.)