Calcutta High CourtCRM (A)/393/2023dismissed as rejected

Mithun Sardar v. State Of West Bengal

2023-02-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

01.02.2023 Serial no. 18 [Dd] (Anticipatory bail) (Rejected) CRM (A) 393 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No. 1189 of 2022 dated 05.11.2022 under Sections 363/365 of the Indian Penal Code with adding sections 366/376(2)(N) of the Indian Penal Code and Section 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act.

-AndIn the matter of : Mithun Sardar ... ...Petitioner Mr. Kallol Kr. Basu, Md. Jannat Ul Firdous, Mr. Ratesh Naskar, Advocate ... ... For the Petitioner Mr. Abhra Mukherjee, Mr. Dipankar Mahata, Advocate ... ...For the State Ms. Anhita Dey, advocate .. ...for the victim girl Learned advocate appearing for the victim girl submits that the statement recorded under Section 164 of the Criminal Procedure Code are true and correct.

There are materials in the case diary including the statement of the de facto complainant recorded under Section 164 of the Criminal Procedure Code which implicate the petitioner.

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

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 393 of 2023 is dismissed.

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