Xxxxx v. State Of West Bengal And ANR

10.10.2023 sdas CRM (DB) 1977 of 2023 Re : An application under Section 439(2) of the Code of Criminal Procedure.

AND In Re : XXX (mother of the victim girl) ....... petitioner Mr. Satadru Lahiri Mr. Sumit Kumar Dey Mr. Safdar Azam Mr. Syed Wasim Faruque Mr. Joytirmoy Talukder .... for the petitioner Mr. Deepak Prahladka Ms. Reshmi Khatun .... for the opposite party no.2 Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty .... for the State 1.

Bail was granted in an offence involving penetrative sexual assault on a minor. No opportunity of hearing was given to the victim. In view of the aforesaid, this Court had suspended the order of bail and directed opposite party no.2 to surrender and pray for regular bail afresh. 2.

We are informed in terms of our earlier order opposite party no.2 had surrendered before the trial court. 3.

In the light of these aforesaid developments nothing survives in the application.

4. CRM (DB) 1977 of 2023 is accordingly, disposed of. 5.

Opposite party no.2 shall be at liberty to pray for bail afresh in accordance with law upon due notice to the victim.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)