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Calcutta High CourtCRM/6035/2021allowed

Bappa Biswas v. State Of West Bengal

2021-12-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

14.12.2021 Serial no. 110 Dd (Through Video Conference) CRM 6035 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bongaon Police Station Case No. 540 of 2021 dated 04.07.2021 under Sections 363/365 of the Indian Penal Code and section 9 of the Prohibition of Child Marriage Act read with section 6 of the POCSO Act. vide SPL no. 35/21.

-AndIn the matter of : Bappa Biswas ... Petitioner Mr. Santanu Deb Roy, Mr. Dipankar Guha, Advocate ... ... For the Petitioner Mr. Sujan Chatterjee, Advocate ... ...For the State It is submitted on behalf of the petitioner that there was a love affairs between the parties.

Learned lawyer for the State submits that the victim was a minor.

Having considered the materials on record and keeping in mind the nature of allegations in the light of the submission that there was a love affair between the parties, we are inclined to grant anticipatory bail to the petitioner. 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before

the Court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)