Piarul Sk v. State Of West Bengal

C.R.M. (A) 3371 of 2023 28.08.2023 ML. 550 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 130 of 2022 dated 25.06.2022 under Sections 341/376D/34 IPC.

And In the matter of: Piarul Sk ....petitioner.

Mr. Arnab Chatterjee ...for the petitioner.

Mr. Imran Ali Ms. Manisha Sharma ... for the State.

1. Heard learned Counsel for the parties.

2. It is submitted by the learned Counsel for the State that the victim is a mentally retarded person and she has been ravished by the present petitioner and another. There are three eyewitnesses to the transaction.

3. Regard being had to the gravity of the offence, seriousness of the charge and vulnerability of the victim, she being mentally retarded, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

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

5. The application being CRM (A) 3371 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)