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Calcutta High CourtCRM (A)/3372/2023allowed

Biswanath Mandal @ Koli And ANR v. State Of West Bengal

2023-08-28Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3372 of 2023 28.08.2023 ML. 551 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 178 of 2023 dated 25.06.2023 under Sections 363/365/34 IPC.

And In the matter of: Biswanath Mandal @ Koli & Anr. ....petitioners.

Mr. Niladri Sekhar Ghosh Mr. Tapodip Gupta Mr. Sourav Mondal ...for the petitioners.

Mr. Shiladitya Banerjee ...for the State.

1. Heard learned Counsel for the parties.

2. The present petitioners are stated to be the parents of the principal accused with whom the victim lady who is also married eloped on her own volition (as found from her statement recorded under Section 164 Cr.P.C.).

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 3372 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)