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Calcutta High CourtCRM/3114/2021dismissed as infructuous

Subhankar Dey And ORS v. State Of West Bengal

2021-08-25Hon'Ble Justice Shivakant Prasad,Hon'Ble Justice Suvra Ghosh2 pages

128.

25-08-2021 (ct. no.32) debajyoti CRM 3114 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Barasat Police Station Case No.14 of 2021 dated 08-012021 under Sections 363/376/34 of the Indian Penal Code.

- A n d - In the matter of : Shubhankar Dey & Ors.

.... Petitioners.

Mr. Manik Lal Poddar, Mr. Sanjoy Ghosh ... For the Petitioners.

Mr. N. P. Agarwalla, Ms. Subhasree Patel ... For the State.

Four petitioners have approached this Court for admitting them on anticipatory bail as they were apprehending arrest in connection with Barasat Police Station Case No.14 of 2021 dated 08-01-2021 registered as G.R. No.24 of 2021 under Sections 363/376/34 of the Indian Penal Code.

Our attention is invited to the final report submitted by the Investigating Officer in connection with the aforesaid case wherefrom it is revealed that the Investigating Officer has submitted FRMF No.172/21 dated 14-06-2021 as the case has been found to have been registered on mistake of facts. It is submitted that the petitioner no.1 has entered into the marriage with the victim girl and the marriage registration is also in the process. We find from the facts of the case that there is no apprehension of arrest as such, in view of the final report submitted by the Investigating Officer that the case is registered on mistake of facts, this application for anticipatory bail being CRM 3114 of 2021 is disposed of as infructuous.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Shivakant Prasad, J. )