Prakash Saha And ANR v. State Of West Bengal

08.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4334 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baguiati Police Station Case No. 330 of 2022 dated 16.08.2022 under Sections 376/417/120B of the Indian Penal Code, 1860.

And In Re : Prakash Saha & Anr.

...... petitioners Mr. Debabrata Mondal Ms. Sritama Neogi ....for the petitioners Mr. Avishek Sinha ....for the State The statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) suggests that the victim and the person arrested were in a relationship. Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the Investigating Officer as and when

called for till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)