Bikash Mandal And ORS v. State Of West Bengal

20.05.2021 tkm/ct 28 C.R.M. 1768 of 2021 sl no. 65 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Manikchak P.S case no.8 of 2021 dated 6.1.2021 under sections 493/417/376/109 of the Indian Penal Code And Allowed In Re : Bikash Mandal & Ors.

...... petitioners Mr. Kausik Biswas ...... for the petitioners Mr. Siladitya Banerjee ...... for the State It is submitted on behalf of the petitioners that there was a love affair between the complainant and the petitioner no. 1 and as subsequently the relationship did not fructify, the present complaint has been lodged against the petitioners. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the nature of allegation and as the victim was a major lady at the time of cohabitation and was aware of the consequences thereof, we are of the opinion custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners namely Bikash Mandal, Santosh Mandal and Nisha Mandal shall be released on bail upon furnishing a bond of Rs. 10,000/- each 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.

The application being CRM 1768 of 2021 is disposed of. (Suvra Ghosh, J.) (Soumen Sen, J.)