Bhabotosh Biswas v. State Of West Bengal

C.R.M. (A) 856 of 2022 24.02.2022 Sl. 4 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.02.2022 in connection with Krishnagar Womens P. S. Case No. 5 of 2022 dated 20.01.2022 under Sections 417/376/506 of the Indian Penal Code.

And In the matter of: Bhabotosh Biswas ....petitioner.

Mr. Snehansu Majumder ...for the petitioner.

Mr. Arijit Ganguly Ms. Sujata Das ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. There was a relationship between the petitioner and the defacto complainant which subsequently went sour.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code of the defacto complainant. Considering the gravity of the offence and the involvement of the petitioner therein and considering the statement recorded under Section 164 of the Criminal Procedure Code where the defacto complainant acknowledges a relationship between her and the petitioner, 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 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 meet before the Investigating Officer once a month till the conclusion of the investigation and that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 856 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)