Chaitanya Ghorai v. The State Of West Bengal And ANR

19.03.2024 Item Nos.18 & 23 Ct. No. 29 CHC Allowed C.R.M.(A) 937 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dantan Police Station Case No. 375 of 2023 dated 21.12.2023 under Sections 498A/323/354/376/34 of the Indian Penal Code. And In the matter of : Chaitanya Ghorai ...... petitioner Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Iqbal Kabir ....for the State with C.R.M.(A) 943 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raniganj Police Station Case No. 375 of 2023 dated 21.12.2023 under Sections 498A/323/354/376/34 of the Indian Penal Code now pending before the Learned Additional Chief Judicial Magistrate, Datan.

And In the matter of : Rinki Ghorai @ Anuradha Ghorai & ors. ...... petitioners Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ....for the petitioners Mr. Mainak Gupta ....for the State Two application for grant of anticipatory bail are taken up together analogously as they emanate out of the same police case.

None appears for the de facto complainant despite service.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of March 2024 05:55:00 PM

Affidavit-of-service filed in Court filed in Court be taken on record.

Statement of the victim recorded under Section 164 of the Criminal Procedure Code does not suggest rape as claimed in the police complaint.

There is an issue of delay in lodgment of the First Information Report. Moreover, there is a proceeding for restitution of conjugal rights pending.

In such circumstances, we grant anticipatory bail to the 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, namely, Chaitanya Ghorai in CRM(A) 937 of 2024 and petitioner no.3, namely, Apu Ghorai @ Apurba Ghorai in CRM(A) 943 of 2024 will report before the Investigating Officer once in a fortnight till the conclusion of investigation and petitioner no.1, namely, Rinki Ghorai @ Anuradha Ghorai, petitioner no.2, namely, Arati Ghorai and petitioner no.4, namely, Rita Ghorai in CRM(A) 943 of 2024 will cooperate with the investigation 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 937 of 2024 and CRM(A) 943 of 2024 are disposed of.

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