Purnima Ghosh v. The State Of West Bengal And ANR

C.R.M. (A) 1434 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol Women P.S. Case No.15 of 2024 dated 03/03/2024 under Sections 376(2)(N)/417/506 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Asansol. (G.R. Case No.607 of 2024).

And In the matter of: Purnima Ghosh ....petitioner.

Mr. Phiroze Edulgi Ms. Sanjana Saha ...for the petitioner.

Ms. Subhasree Patil ...for the State.

Mr. Chinmoy Pal Mr. Archan Dutta ... for the de facto complainant.

1. Leaved granted to the learned Advocate-on-record for the (AD) 30.04.2024 Court No.29 (Allowed) petitioner to correct the cause-title.

2. Petitioner before us is the Secretary of a school.

3. Victim recorded her statement under Section 164 of the Code of Criminal Procedure where she says that, the principal accused promised her to marry and on such promise, entered into physical relationship with her.

4. Role of the petitioner is limited to being the Secretary of the School at which the alleged incident of physical relationship took place.

5. Considering such materials in the case diary and the fact that the petitioner before us is a lady, we grant anticipatory bail to the petitioner.

6. Accordingly, we direct that in the event of arrest, the Signed By :

ABHIJIT DAS High Court of Calcutta 1 st of May 2024 04:04:52 PM

petitioner shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

7. The prayer for anticipatory bail of the petitioner is allowed.

8. C.R.M. (A) 1434 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 1 st of May 2024 04:04:52 PM