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Calcutta High CourtCRM (A)/418/2022allowed

Hipjur Nadap @ Biki v. State Of West Bengal

2022-04-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 418 of 2022 (AD) 04.04.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No.375 of 2021 dated 25/09/2021 under Sections 417/376/34 of the Indian Penal Code.

And Court No.29 (Allowed) In the matter of: Hipjur Nadap @ Biki ....petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Santanu Chatterjee ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complaint is a result of a love relationship turning sour.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. The petitioner and the victim are adults.

In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim acknowledges the past relationship between her and the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein, 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/- (Rupees Ten Thousand Only) with two sureties of

like amount each to the satisfaction of the Arresting Officer and also 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 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.

The prayer for anticipatory bail of the petitioner is allowed. Report submitted in Court be taken on record. C.R.M. (A) 418 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)