Biswajit Murmu v. State Of West Bengal

21.09.2023 M/L 221 Ct. No.29 (Allowed) (SKB) CRM (A) 3829 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tapan P. S. Case No.10 of 2023 dated 05.01.2023 under Sections 417/376/120B of the Indian Penal Code (G.R. Case No.36 of 2023) .

In the matter of : Biswajit Murmu ... Petitioner Mr. Koushik Chaudhury, Ms. B. Khatun, Mr. Gourhari Das ... for the petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta ... for the State

1. Heard learned counsel for the parties.

2. There was consensual physical relationship between the petitioner and the victim, who are majors, on the promise of the petitioner to marry the victim.

3. Charge-sheet is stated to have been filed.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned CJM, Dakshin Dinajpur, in G.R. Case No.36 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court on such terms

and conditions as deemed just and proper in the facts and circumstances of the case.

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

6. The application being CRM(A) 3829 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)