Shubho Biswas And ANR v. State Of West Bengal

15.02.2022 Serial no. 03 Dd CRM(A) 687 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gobardanga Police Station Case No. 167 of 2019 dated 20.09.2019 under Sections 363/365/120B of the Indian Penal Code r/w Section 6 of Protection of Children from Sexual Offences Act, 2012 r/w Sections 4 & 5 of Child Marriage Act. -AndIn the matter of : Shubho Biswas & Anr.

... Petitioners Mr. Soupal Chatterjee, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld APP Mr. Arani Bhattacharya, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. Petitioner no. 1 and victim are married.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code. Considering the statements of the victim recorded under Section 164 of the Criminal Procedure Code and considering the materials in the case diary, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioners shall meet the Investigating Officer once in a month till completion of investigation and further that the petitioners shall appear before the jurisdictional Court on every date fixed for hearing. Certified true copy of the statements of the victim recorded under Section 164 of the Criminal Procedure Code filed by the State be taken on record.

Prayer for anticipatory bail of the petitioners is allowed.

CRM(A) 687 of 2022 is disposed of.

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