Munjur Rahaman Alias Manjur Islam And ANR v. State Of West Bengal

13.03.2023 Serial no. 82 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1014 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.

of dated 22.09.2022 under Sections 363/365 of IPC adding Section 376(3) of IPC and adding Sections 6/17 of POCSO Act, 2012. -AndIn the matter of : Munjur Rahaman @ Manjur Islam & Anr. ... ... Petitioners Ms. Minoti Gomes, Mr. Musharraf Alam Sk.

Ms. Susmita Ghorai, Advocates ... ... For the Petitioners Ms. Zareen N. Khan, Md. Kutubuddin, Advocates ... ...For the State The statement of the victim recorded under Section 164 of the Criminal Procedure Code, is directed against two persons. The petitioners before us are the parents of one of such person.

The statement of the victim recorded under Section 164 of the Criminal Procedure Code does not implicate the present petitioners in the incident.

In such circumstances, we are inclined to grant anticipatory bail to the present petitioners. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 no.1 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 1014 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)