Mijanur Sarkar v. State Of West Bengal

21.08.2023 (M/L 234) Ct. No.29 Rejected (SKB) CRM (A) 3030 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No.486 of 2022 dated 14.10.2022 under Section 363 of the Indian Penal Code and Section 6 of the POCSO Act corresponding to Special Case No.61 of 2022.

In the matter of : Mijanur Sarkar ... Petitioner Mr. Habibur Rahaman, Mr. Archishman Singh ... for the petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta ... for the State

1. Liberty is given to the learned advocate for the petitioner to correct the cause title of the petition in court today.

2. Heard the learned Counsel for the parties.

3. The allegation is to the effect that the present petitioner with promise to marry the victim girl took her to Balurghat. There he handed over her to two of his friends, one of whom is Sukur Ali. They brought her to Calcutta, where aforesaid Sukur Ali is alleged to have raped the victim thrice.

4. Though charge-sheet has been filed, the allegation against the present petitioner appears to be serious as he handed over the victim girl to the persons who had no respect for the dignity of a woman. In view of such fact and allegations, we are not inclined to exercise our

discretion under Section 438 Cr.P.C. in favour of the petitioner.

5. The prayer for anticipatory bail is rejected.

6. Accordingly, CRM(A) 3030 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)