Sumon Modal And ORS. v. State Of West Bengal And ANR

C.R.M. (A) 1205 of 2024 18.4.2024 DL-36 Court No.29 SD/Srimanta) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hingalganj Police Station Case No.100 of 2023 dated 19.4.2023 under Sections 363/365/34 of the Indian Penal Code and Sections 4/17 of the Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Sumon Mondol & Ors.

....petitioners.

Mr. Tirthankar Dhali ...for the petitioners.

Mr. Pravas Bhattacharya Mr. Soumen Chatterjee ... for the State.

Victim recorded statement under Section 164 of the Code of Criminal Procedure where she says that she left the house voluntarily and stayed with her matrimonial aunty at her place. In view of such statement being given by the victim, 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), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner nos.1 and 2 will report before the Investigating Officer once a week till the conclusion of the investigation and petitioner no.3 will cooperate with the investigation till the conclusion of the investigation 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 Signed By :

SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 05:18:06 PM

order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1205 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 05:18:06 PM