Biplab Das v. State Of West Bengal

03.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3706 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 332 of 2022 dated 28.06.2022 under Sections 417/376/307 of the Indian Penal Code, 1860.

And In Re : Biplab Das ...... petitioner Mr. Mrityunjoy Chatterjee ....for the petitioner Mr. Prasun Kumar Dutta Mr. Subroto Roy ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the police complaint is a result of a relationship turning sour.

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 (Cr.P.C.) and the medical examination report.

Considering the medical examination report of the victim and her 164 Cr.P.C. statement, 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/-, 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 meet the Investigating Officer once a fortnight 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)