Jahangir Fakir v. State Of West Bengal

08.09.2023 tkm/ct 28 C.R.M. (A) 3904 of 2023 spl no. 69 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raninagar P.S case no. 425 of 2023 dated 7.8.2023 under sections 363/365 IPC And Allowed In Re : Dr. Jahangir Fakir ...... petitioner Mr. M Chatterjee Mr. Manas Das ...... for the petitioner Ms. Faria Hossain Ms. Baisali Basu Mr. Mamata Jana ...... for the State 1.

Petitioner submits that the victim lady had voluntary accompanied him. Allegation of kidnapping is false. He prays for anticipatory bail.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail.

3.

We have considered materials on record including the statement of the victim. Victim is a major lady. She accompanied the petitioner to various places.

4.

Keeping in mind the nature of her statement before the magistrate and as she has also been recovered we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

6.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

7.

The application being CRM (A) 3904 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)