Calcutta High CourtCRM (A)/1623/2024allowed

Father Of The Victim Girl v. State Of West Bengal

2024-05-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1623 of 2024 09.05.2024 DL-7 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No.616 of 2023 dated 01.07.2023 under Sections 363/365 of the Indian Penal Code, 1860 and Sections 9/10/11 of the Child Marriage Act and addition Section 6 of the Protection of Children from Sexual Offences Act, 2012, pending before the Learned Judge, Special Court-cum-Additional Sessions Judge, Chanchal, Malda. (Special Case No.81 of 2023) And In the matter of: Father of the victim girl ....petitioner Mr. Imdadul Hoque ...for the petitioner.

Mr. Suman De Mr. Dipankar Mahata ... for the State.

1. Petitioner before us is the father of the minor who was given in marriage.

2. Police filed charge sheet, inter alia, under the provisions of the Child Marriage (Restraint) Act against the petitioner.

3. In such circumstances, we grant anticipatory bail to the petitioner.

4. Accordingly, we direct that in the event of arrest, the 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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 Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of May 2024 03:45:04 PM

to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

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

6. C.R.M. (A) 1623 of 2024 is disposed of.

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

ABHIJIT DAS High Court of Calcutta 9 th of May 2024 03:45:04 PM