Calcutta High CourtCRM (A)/4387/2022allowed

Jiban Karak And ANR v. State Of West Bengal

2022-09-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4387 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghatal Police Station Case No. 416 of 2021 dated 12/11/2021 under Sections 363/365/376(2)(b)/344/506/34 of the Indian Penal Code and under Section 6 of POCSO Act.

And In the matter of: Jiban Karak & Anr.

....petitioners.

Mr. Sayantan Hazra ...for the petitioners.

Mr. Saibal Bapuli, Ld. APP Ms. Sayanti Santra Mr. B. Bhattacharya ...for the State.

Petitioners pray for anticipatory bail.

(AD) 14.09.2022 Court No.29 (Allowed) Learned Advocate appearing for the petitioners submits that the petitioners are the parents of the principal accused. The principal accused was enlarged on bail by the jurisdictional Court.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

The police filed charge sheet.

The principal accused was enlarged on bail by the jurisdictional Court.

Considering the aforesaid facts and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 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/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4387 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)