Arjun Midya v. State Of West Bengal

C.R.M. (A) 3539 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandrakona Police Station Case No. 188 dated 19.05.2022 under Sections 363/365/34 of the Indian Penal Code.

And In the matter of: Arjun Midya ....petitioner.

Mr. Navanil De Mr. Srinjan Ghosh ...for the petitioner.

Mr. Sudip Kumar ...for the State.

26.07.2022 Sl.22 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the victim was recovered. There was a relationship between the petitioner and the victim.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure as also to the medical examination report of the victim. In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim states that she went voluntarily with the petitioner. Before the doctor, which is prior in point of time than the Section 164 statement, she states that she went with the petitioner, married the petitioner and cohabitated with him.

The petitioner is 22 years of age.

In such circumstances, we 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 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 month till the conclusion of the investigation and on condition that the petitioner shall appear 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 3539 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)