Kamraj Hossain v. State Of West Bengal

C.R.M. (A) 1196 of 2022 14.03.2022 Sl. 11 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.03.2022 in connection with English Bazar P. S. Case No. 278 of 2022 dated 21.02.2022 under Sections 376/417 of the Indian Penal Code. And In the matter of: Kamraj Hossain ....petitioner.

Ms. Minoti Gomes Mr. Kalidas Saha ...for the petitioner.

Ms. Ratna Ghosh ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that petitioner was in a relationship with the victim. The police complaint was lodged to falsely implicate the petitioner. She submits that the petitioner is the brother-in-law of the victim. The victim is also married with a child.

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. Considering the nature of relationship between the petitioner and the victim and considering the fact that the possibility of the petitioner being falsely implicated cannot be discounted at this stage, 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 appear before the Investigating Officer once a fortnight 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) 1196 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)