Based Sk Mahibul v. State Of West Bengal

29.11.2021 Serial no.53 Aloke (Through Video Conference) Ct. No. 29 CRM 7768 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20.11.2021 in connection with Contai Police Station Case No. 229 of 2020 dated 07.07.2020 under Sections 363/365 of the Indian Penal Code.

-AndIn the matter of: Based Sk. @ Mahibul Sk ... Petitioner Mr. Hossain Ali, Advocate ... ... For the Petitioner Mr. N. Ahmed, ld. APP Ms. Ayantika Ray, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner and the victim are married. He refers to the marriage certificate.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case dairy including the statement recorded under Section 164 of the Code of Criminal Procedure. Considering the materials in the case diary, the age of the victim and considering the statement made by the victim under Section 164 of the Code of Criminal Procedure and considering the fact that police submitted charge-sheet, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 with a further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioners shall appear before the jurisdictional Court on every date fixed for hearing. The prayer for anticipatory bail is allowed.

CRM 7768 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)