Arman Hossain v. State Of West Bengal And ANR

22.01.2024 Serial no. 06 Anticipatory bail [Rejected] Dd CRM (A) 172 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Women Police Station Case No. 55 of 2023 dated 25.03.2023 under Sections 376D/506 of the Indian Penal Code, 1860 subsequently Section 6 of POCSO. (POCSO Case No. 93 /2023 ) -AndIn the matter of : Arman Hossain ... ...Petitioner Mr. Tapas Datta Gupta, Mr. Parvej Anam, Advocates ... ... For the Petitioner Ms. Anasuya Sinha, Mr. Goutam Wilson, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is not named in the police complaint. Police filed charge sheet. Therefore, custodial interrogation of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the statement of the co-accused made while in custody. Victim in her statement recorded under Section 164 of the Criminal Procedure Code stated that she was raped by four persons. She knew the name of one. She could not name the others.

The person who was named by the victim in her statement under Section 164 of the Criminal Procedure Code was

arrested and in turn divulged the name of the petitioner as being complicity in the gang rape.

Materials in the case diary suggest complicity of the petitioner.

Charges as against the petitioner are commission of heinous offences.

Victim involved is a minor.

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

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 172 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)