Sk. Nasiruddin And ORS. v. State Of West Bengal And ANR

22.04.2024 Item No.408 Ct. No. 29 CHC Allowed C.R.M.(A) 997 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 256 of 2022 dated 04.04.2022 under Sections 341/323/325/354/307/506/34 of the Indian Penal Code, 1860, read with Sections 8 and 10 of the Protection of Children from Sexual Offence Act, (POCSO ACT) 2012, pending before the Learned Additional Sessions Judge, 2nd Court, Tamluk.

AND In the matter of : Sk. Nasiruddin & ors.

...... petitioners Mr. Soumya Banerjee, Ms. Sucheta Banerjee ....for the petitioners Mr. Pinak Kumar Mitra ....for the State Petitioners pray for anticipatory bail.

Police filed charge-sheet.

Victim recorded her statement under Section 164 of the Criminal Procedure Code, where she speaks of long standing disputes between the private parties.

Statements recorded under Section 161 of the Criminal Procedure Code of the family members of the victim corroborate that, there are long standing disputes between the private parties.

Mother of the victim declined medical examination of the victim.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 23 rd of April 2024 07:04:30 PM

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 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) 997 of 2024 is disposed of.

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