Jubbar Sekh v. State Of West Bengal

C.R.M. (A) 1995 of 2022 04.05.2022 Sl. 12 Court No.29 sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Nowda Police Station Case No. 199 of 2020 dated 26.12.2020 under Sections 363/365 of the Indian Penal Code, 1860 with Section 4 of the Protection of Children from Sexual Offences Act, 2012. And In the matter of: Jubbar Sekh ....petitioner.

Mr. Shataroop Purokayastha ...for the petitioner.

Mr. Avijit Ganguly Mr. Avik Ghatak ...for the State.

Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that there was a love relationship between the petitioner and the victim. The victim subsequently returned on the next date and married another person.

Learned advocate appearing for the State draws the attention of the Court to the Statement of the victim recorded under Section 164 of the Criminal Procedure Code.

The victim in her statement recorded under Section 164 of the Criminal Procedure Code, claims that she is 14 years 2 months of age.

Considering the age of the victim and the statement made by her and considering the materials in the case diary, we are unable to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 1995 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)