Litan Das v. State Of West Bengal

29.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1437 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kultali Police Station Case No. 54 of 2022 dated 26.01.2022 under Section 363/365 of the Indian Penal Code, 1860 with added Section 12 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Litan Das ..... petitioner Mr. Partha Sarathi Mondal .... for the petitioner Mr. Abhra Mukherjee Mr. Dipankar Mahata ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioners submits that, there was a love relationship between the victim and the petitioner. They were married. The petitioner is ready and willing to stay as husband and wife with the victim. Learned advocate appearing for the State draws the attention of the Court to the age of the victim and to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

The victim is 13 years of age. In her 164 Cr.P.C. statement, the victim makes out a case of abduction and kidnapping.

Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1437 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)