Emarul Hossen Mondal v. State Of West Bengal And ANR

13.02.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 452 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 171 of 2023 dated 16.08.2023 under Sections 363 of the Indian Penal Code adding Sections 365/109 of the Indian Penal Code and Section 6 of the POCSO Act, 2012.

And In Re : Emarul Hossen Mondal ...... petitioner Mr. Robiul Islam Mr. Raju Mondal Mr. Masooq Rahman Mr. Saim-Ul-Bari ...for the petitioner Mr. Madhusudan Sur, Ld. APP., Mr. A. S. chatterjee ...for the State Victim apparently was 17 years of age at the time of the incident. She recorded a statement under Section 164 of the Cr.P.C. claiming that she went away voluntarily with the principal accused.

Police filed charge sheet.

Petitioner before us is alleged to facilitate the victim running away.

In such circumstances, 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/-, 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. The petitioner shall appear on every date 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)