Rakib @ Rakib Alam v. State Of West Bengal And ANR
C.R.M. (A) 1638 of 2024 10.05.2024 DL-6 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakulia Police Station Case No.103 of 2024 dated 15.03.2024 under Section 376 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur. (G.R. Case No.688 of 2024).
And In the matter of: Rakib @ Rakib Alam ....petitioner.
Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal Ms. Labani Sikdar Mr. Rony Mondal ...for the petitioner.
Mr. Manaranjan Mahata ... for the State.
1. Two adults entered into a consensual relationship as appearing from the statement of the de facto complainant recorded under Section 164 of the Code of Criminal procedure.
2. As to whether, the relationship was premised on the promise of marriage as claimed and any physical relationship ensued may be decided at the trial.
3. Consequently, 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 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 report before the Investigating Officer once a week till the conclusion of the investigation and on condition that the petitioner shall appear Signed By :
ABHIJIT DAS High Court of Calcutta 11 th of May 2024 04:41:21 AM
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.
5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
6. C.R.M. (A) 1638 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
ABHIJIT DAS High Court of Calcutta 11 th of May 2024 04:41:21 AM