Mala Sarkar And ANR v. State Of West Bengal

C.R.M. (A) 3398 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Ratua Police Station Case No. 269 of 2023 dated 21.05.2023 under Sections 365/120B of the IPC adding Section 376D/370 of the IPC.

And In the matter of: Mala Sarkar & Anr.

....petitioners.

29.08.2023 SL. 26 Court No. 29 Suvayan (Rejected) Mr. Sourav Mukherjee Ms. Sabnam Laskar ...for the petitioners.

Ms. Z. N. Khan Mr. Asif Dewan ...for the State.

1. Heard learned Counsel for both the parties.

2. From the statement of the victim recorded under Section 164 Cr.P.C. it is found that the present petitioner No. 1 had sold the victim girl to the petitioner No. 2 who subsequently left her with other co-accused persons (not before us).

3. Taking into consideration the seriousness of the charge and the gravity of the offence, we are not inclined to exercise our discretion in favour of the petitioners under Section 438 Cr.P.C.

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

5. The application being CRM (A) 3398 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)