Samir Patra v. State Of West Bengal And ANR

19.06.2023 Sl. 34 Court No.29 Suvayan (Rejected) C.R.M. (DB) 2288 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in arising out of Petrapole P. S. Case No. 11 of 2023 dated 08.02.2023 under Sections 376AB/506 of the IPC and Sections 6 of the POCSO Act.

And In the matter of: Samir Patra ....petitioner Mr. Susnigdhu Bhattacharyya Ms. Bidisha Chakraborty ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

1.

Heard the learned Counsel for both the parties. 2.

Affidavit-of-service filed by the petitioner be taken on record. 3.

Taking into consideration the statement of the victim recorded under Section 164 Cr.P.C., which finds due corroboration from the medical examination report of the victim and the fact that the petitioner being a married person aged about 34 years has continuously ravished a minor girl of 11 years old for a period about 6 months, we are not inclined to exercise our discretion in favour of the petitioner under Section 439 Cr.P.C at this stage.

4.

Accordingly, the prayer for bail of the petitioner is rejected. 6.

CRM (DB) 2288 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)