Sumanta Mukherjee v. State Of West Bengal And ANR

26.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4562 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Howrah Women Police Station Case No. 19 of 2022 dated 01.07.2022 under Sections 376/417/507/328 of the Indian Penal Code, 1860.

And In Re : Sumanta Mukherjee ...... petitioner Mr. Saryati Dutta Mr. Dipnil Banerjee Ms. Chitraki Biswas ....for the petitioner Mr. Pravas Bhattacharya Mr. Suman Saha ....for the State Both the victim and the petitioner are adults. The victim in her statement recorded under Section 164 of the Code of Criminal Procedure acknowledges the relationship with the petitioner.

In such circumstances, we grant anticipatory bail to the petitioner.

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 and on further condition that the

petitioner shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner 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 petitioner 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.)