Chaton Chowdhury v. The State Of West Bengal And ANR

19.03.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 953 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berampore Police Station Case No. 1332 of 2023 dated 13.09.2023 under Sections 363/365 of the Indian Penal Code and adding Section 376 of the Indian Penal Code and Section 4 of Protection of children from Sexual Offences Act, 2012. And In Re : Chaton Chowdhury ...... petitioner Mr. Kingsuk Mondal ...for the petitioner Ms. Faria Hossain Ms. Suparna Chatterjee .... State Mr. Navanil De ...For the defacto-complainant Petitioner claims false implication. Petitioner claims that there was a social marriage between the petitioner and the victim.

State and the defacto-complainant are represented. Learned advocate appearing for the defacto-complainant denies any marriage. He also denies the claim of a long relationship between the victim and the petitioner.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Cr.P.C.

Statement of the victim squarely implicates the petitioner in kidnapping her and forcing her to cohabit. Victim apparently is a minor.

In such circumstances and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner and the prayer for anticipatory bail is rejected.

The application being CRM (A) 953 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)