Gouri Sarkar v. State Of West Bengal And ORS.

16.12.2021 tkm/ct 28 C.R.M. 6417 of 2021 sl no. 82 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chakdah P.S case no. 411 of 2021 dated 25.8.2021 under sections 417/376/506/34 of the Indian Penal Code read with sections 4/17 of the POCSO Act And Allowed In Re : Gouri Sarkar ...... petitioner Mr. S K Das ...... for the petitioner Mr. Imran Ali Ms. Sema Biswas ...... for the State It is submitted on behalf of the petitioner that she is not the principal accused. It is further submitted there was a love affair between the principal accused and the victim girl. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim was a minor. Having considered the materials in the case diary and bearing in mind the extent of complicity of the petitioner in the alleged crime, we are of the opinion custodial interrogation of the petitioner is not necessary and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 6417 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)