Sakir Saha @ Saker Saha And ORS v. The State Of West Bengal And ANR

05.09.2024 Court No.29 Item No.29 ar CRM (A) 3094 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In Re: Sakir Saha @ Saker Saha & Ors.

Petitioners Ms. Golam Nure Imrohi For the Petitioners Mr. Ashok Das For the State Md. Sabbir Biswas For the victim girl

1. Learned counsel for the petitioners submits that the petitioner no. 1 and the victim are happily married and both of them are major. It is further submitted that the victim has left her paternal house voluntarily and presently residing with the petitioner no. 1.

2. Learned counsel for the State submits that the victim could not be recovered. The I.O is also present in Court.

3. The victim is represented by an advocate and the victim is also personally present in Court. Learned counsel for the de-facto complainant on instruction submits that the victim has voluntarily left her paternal house and is now happily residing with the petitioner no. 1.

4. The concerned learned Judicial Magistrate is directed to record the statement of the victim under Section 164 Cr.P.C and produce the same in the Court on 9th September, 2024.

5. The I.O is directed to ensure that the victim is provided adequate police assistance during recording her statement and shall accompany her to the court of learned Judicial Magistrate for recording her statement.

6. In view of the aforesaid, no coercive action shall be taken against the petitioners till the adjourned date.

7. The matter stands adjourned till 11.9.2024.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Shampa Dutt (Paul), J)