Mrinalkanti Chatterjee v. State Of West Bengal And ANR

03.04.2024 sdas rejected C.R.M.(DB) No. 973 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 1850 of 2023 dated 25.12.2023 under Sections 376(2)(f)/506 of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re : Mrinalkanti Chatterjee .... petitioner Mr. Ranadeb Sengupta Mr. Sachit Talumdar ....for the petitioner Mr. Soumik Ganguly Ms. Mamata Jana ... for the State Mr. Kingsuk Mondal ... for the de facto complainant 1.

Learned Counsel for the petitioner submits allegation of subjecting the minor to penetrative sexual assault is patently absurd. After the incident she did not raise protest but took tution from the petitioner. He prays for bail. 2.

Learned Counsel for the State opposes the bail prayer.

3.

Learned Counsel for the de facto complainant submits petitioner was the private tutor of the minor and had violated her.

4.

We have considered the materials on record.

Petitioner was in a fiduciary position to the minor victim. Judged Signed By :

SHANTANU DAS High Court of Calcutta 4 th of April 2024 05:23:13 PM

from that background it is probable the minor victim was unable to protest and continued to remain in the coaching class even after the incident. She has not yet been examined. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

5. Application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 4 th of April 2024 05:23:13 PM