Phanindra Murmu v. State Of West Bengal

12.04.2021 Court No.28 rpan / 302 CRM 815 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Phanindra Murmu - Petitioner Mr. Suman Das Adhikary ... For the Petitioner.

Ms. Faria Hossain, Ms. Baisali Basu ... For the State Leave is granted to the learned advocate-on-record of the petitioner to amend the cause title of the application for bail. Apprehending arrest in connection with Medinipur All Women P.S. Case No. 10 of 2020 dated 25.01.2020 under Sections 417/376 of the Indian Penal Code, the petitioner has filed the present application.

Learned advocate appearing for the petitioner submits that the petitioner is innocent and has been implicated falsely. Learned advocate for the State draws our attention of the statement of the victim.

We have perused the materials in the case diary and we find that the relationship was existing by more than a year. Having regard to the materials available, we are of the opinion that custodial detention of the petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, we direct that in the event of arrest the petitioner, namely, Phanindra Murmu, shall be released on bail

upon furnishing a bond of `10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet with the Investigating Officer of this case once a week on and from 20th April, 2021 until further orders.

With the aforesaid observations, the application for anticipatory bail, being CRM No. 815 of 2021, is disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)