Ananda Das v. State Of West Bengal And ANR

C.R.M. (A) 3280 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Marishda Police Station Case No. 247 of 2022 dated 24.10.2022 under Sections 323/341/363/365/448/34 of the IPC.

And In the matter of: Ananda Das ....petitioner.

Mr. Sk. Sahjahan Ali ...for the petitioner.

Mr. Shiladitya Banerjee ...for the State.

25.08.2023 ML. 461 Court No. 29 Suvayan (Rejected)

1. Heard learned Counsel for both the parties.

2. On earlier two occasions the victim girl had eloped with present petitioner. This time also the present petitioner is alleged to have kidnapped the victim girl with the assistance of other co-accused persons. Whereabouts of the girl is still not known.

3. Learned Counsel for the petitioner submits that this time the petitioner is not involved so far as elopement of the girl is concerned.

4. The victim girl who is a minor has not yet been recovered, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

5. Accordingly, the prayer for the anticipatory bail is rejected.

6. The application being CRM (A) 3280 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)