Calcutta High CourtCRM (A)/1613/2023allowed

Samir Manna And ANR v. State Of West Bengal

2023-04-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Rai Chattopadhyay2 pages

25.04.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1613 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhabanipur Police Station Case No. 73 of 2023 dated 28.03.2023 under Sections 363/368 of the Indian Penal Code. And In the matter of: Samir Manna & anr.

...... petitioners Mr. Angshuman Chakraborty ....for the petitioners Mr. Shiladitya Banerjee ....for the State The victim was recovered.

The victim recorded her statement under Section 164 of the Criminal Procedure Code stating that she went voluntarily with the principal accused. Victim does not ascribe any role to the present petitioners in her statement recorded under Section 164 of the Criminal Procedure Code.

The principal accused was arrested.

Petitioners before us are the parents of the principal accused.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will be released on bail upon furnishing a bond of Rs.10,000/- each, 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 and on further condition that petitioner no.1, namely, Samir Manna will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.2, namely, Manasi Manna will cooperate with the Investigating Officer till the conclusion of the investigation and on further 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 order to secure the presence of the petitioners 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.) (Rai Chattopadhyay, J.)