Mayarani Kisko @ Mandira Mahakur v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLENEOUS JURISDICTION APPELLATE SIDE 30.05.2022 Court No.5 Item No.38 (ALLOWED) CRM (DB) 1448 of 2022 Ab In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 23.05.2022 in connection with Durgapur (Women) Police Station Case No. 08 of 2022 dated 22.02.2022 under Sections 376(3)/506 of the Indian Penal Code read with Sections 4/6/8 of the Protection of Children from Sexual Offences Act.. And In the matter of : Mayarani Kisko @ Mandira Mahakur.

...Petitioner

Mr. Mrityunjoy Chatterjee.

...For the Petitioner Mr. Bidyut Roy, Mr. M.F.A. Begg.

... For the State The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure, 1973 after being arrested in connection with Durgapur (Women) Police Station Case No. 08 of 2022 dated 22.02.2022 under Sections 376(3)/506 of the Indian Penal Code, 1860 read with Sections 4/6/8 of the Protection of Children from Sexual Offences Act, 2012.

We have heard the learned counsel for the parties and perused the case diary. The petitioner being the mother of the victim girl made a complaint at Durgapur (Women) Police Station against Raju Nariyar Rahaman who was thereafter arrested and subsequently released on bail. The petitioner was thereafter arrested and is presently in jail.

Considering the period of detention of the petitioner and the

prima facie extent of involvement of the petitioner in the alleged offence, we are inclined to grant bail to the petitioner. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000 /- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under Protection of Children from Sexual Offences Act cum Additional District Judge, 1st Court, Durgapur, subject to the condition that the petitioner shall cooperate with the Investigating Officer and shall appear before the trial court on the dates fixed until further order. In the event, the petitioner fails to comply with the conditions as stipulated above, it is open to the Trial Court to cancel the bail without any further reference to this Court.

The application for bail, being CRM (DB) 1448 of 2022, is thus allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities. (Arindam Mukherjee, J.) (Subhendu Samanta, J.)