Bappa Sk. @ Shaikh v. State Of West Bengal

(AD) 18.05.2022 C.R.M. (A) 2221 of 2022 Court No.29 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No.171 of 2022 dated 09.05.2022 under Sections 376/417 of the Indian Penal Code and 6 of POCSO Act. And (Rejected) In the matter of: -Bappa Sk @ Shaikh ...petitioner.

Mr. Kallol Mondal Mr. Amanul Islam Mr. Krishan Ray Mr. Souvik Das Mr. Sourav Mukherjee Mr. Anamitra Banerjee ... for the petitioner.

Mr. Pravash Bhattacharjee Mr. Pratick Bose ...for the State.

Ms. Karabi Roy ... for the de facto complainant.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that there was a love relationship between the petitioner and the victim. The petitioner was falsely implicated. Apparently, there were disputes between the family of the petitioner and the family of the victim.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and to a medical report.

Learned Advocate appearing for the de facto complainant submits that the victim is 14 years of age. She relies upon a birth certificate of the victim.

Considering the age of the victim, the materials in the case diary and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 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) 2221 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)