Abul Hossain Molla v. State Of West Bengal

17.05.2023.

29.

Ct.No.28 as (Rejected) C.R.M. (DB) 1768 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kultali P. S. Case No.66 of dated 29.01.2023 under Sections 363/365/376(3) of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Abul Hossain Molla.

... Petitioner.

Mr. Tanmay Basu, Mr. Diganta Bose.

...for the Petitioner.

Mr. S. S. Imam, Jr. Govt. Adv., Mr. S. Kundu.

...for the State.

Petitioner submits there was a love affair between the parties. He prays for bail.

Learned Advocate for the State opposes the bail prayer. He submits petitioner had a previous marriage. We have considered the materials on record. Statement of the minor victim shows petitioner was previously married and he hid his marital status and cohabited with the minor. Under such circumstances and the nature of offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)