Ratan Raut v. State Of West Bengal

07.06.2022 Sl. No.62 akd [ALLOWED] C. R. M. (A) 2368 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.05.2022 in connection with Sonarpur Police Station Case No. 1814 of 2018 dated 23.10.2018 under Sections 363/366/366A of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re: Ratan Raut ... ... Petitioner Mr. Subhabrata Chowdhury Ms. Tripti Pandey Mr. Aritro Das Mr. Rohit Prasad ... ... for the petitioner Mr. Tanmay Kr. Ghosh Ms. Pritha Paul ... ... for the State It is submitted on behalf of the petitioner there was a relationship between the parties and they had married each other. Subsequently, the victim returned to her parental home and the instant case was registered.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the victim was a minor. We have considered the materials on record. It appears that the parties had married each other. Keeping in mind the aforesaid facts, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Ratan Raut, 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)