Prabhat Kumar Singh v. State Of West Bengal

21.03.2022 Serial no. 108 [Dd] (anticipator bail Allowed) CRM (A) 774 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kulti Police Station Case No. 30 of 2022 dated 16.01.2022 under Sections 417,376,420,506 of the Indian Penal Code. -AndIn the matter of : Sri Prabhat Kumar Singh ... ... Petitioner Mr. Mani Sankar Chattopadhyay, Ms. Arpita Mukherjee, Mr. S. Chatterjee, Advocates ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the police complaint is a result of a 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 Criminal Procedure Code. He submits that there is a baby born to the victim. Prima facie, it appears that there was a pre-existing relationship between the petitioner and the victim. Considering the gravity of the offence, the involvement of the petitioner therein and considering the respective ages of the victim and the petitioner, we are inclined to 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 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 petitioner shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 774 of 2022 is disposed of.

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