Ananda Sarkar @ Pritam Sarkar v. State Of West Bengal And ANR

27.03.2024 0Ct. No. 29 S.D.

Allowed C.R.M.(A) 1031 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 744 of 2023 dated 19.12.2023 under Section 363 of the Indian Penal Code and adding Section 365 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act read with Sections 9/10/11 of Child Marriage Restraint Act, 2012 pending before the learned Special Judge (under POCSO) Act), Additional District Judge, 2nd Court at Balurghat, Dakshin Dinajpur. And In Re : Ananda Sarkar @ Pritam Sarkar ...... petitioner Mr. Kaushik Chowdhury Ms. Busra Khatoon ...for the petitioner Ms. Faria Hossain Mr. Atanu Ghosh ...for the State Leave is granted to the learned advocate for the petitioner to correct the cause title.

We perused the statement of the victim under Section 164 of the Cr.P.C. The victim claims in such statement that the petitioner before us was her boy friend and she went voluntarily with the petitioner and married him.

On a query from the Court, learned advocate appearing for the petitioner submits that, the petitioner is 22 years of age. Victim refused to undergo any medical examination. Considering the statement of the victim and the materials in the case diary as well as the age of the petitioner, we deem it appropriate to grant anticipatory bail to the petitioner. Signed By :

Surojit Das High Court of Calcutta 27 th of March 2024 04:22:56 AM

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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. The petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation. The petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

Surojit Das High Court of Calcutta 27 th of March 2024 04:22:56 AM