Calcutta High CourtCRM (A)/4173/2023allowed

Bajlu Mondal v. State Of West Bengal And ANR

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4173 of 2023 13.10.2023 SL. 15 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Dhantala P.S. case No. 121 of 2023 dated 18.02.2023 under Sections 363/366/306/34 of the IPC and Section 6 of the POCSO Act and Sections 9/10/11 of the Child Marriage Act pending before the learned Additional Sessions Judge, Special Court (POCSO Act), Ranaghat, Nadia.

And In the matter of: Bajlu Mondal ....petitioner.

Mr. Snehansu Majumder ...for the petitioner.

Mr. Tanmoy Kr. Ghosh Ms. Sonali Bhar ...for the State.

1. Heard learned Counsel for both the parties.

2. The present petitioner is the father of one Nahid Hossain Mondal who had married the deceased preceded by a love affair between them. The deceased came to live in the house of the present petitioner as partner of Nahid Hossain Mondal. In the house of the petitioner the deceased is alleged to have committed suicide. Nahid Hossain Mondal is stated to have been released on regular bail in the meantime and so far as the present petitioner is concerned it is alleged that he had rebuked the deceased sometime. There is, however, no proximate connection between the action of the petitioner and commission of suicide by the deceased.

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

4. Regard being had to 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 Additional Sessions Judge, Special Court (POCSO Act), Ranaghat, Nadia

within 15 days from today in the POCSO case arising out of aforesaid P.S. case.

5. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. The learned Additional Sessions Judge, Special Court (POCSO Act), Ranaghat, Nadia is directed to act upon the server copy of this order, if required.

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

8. The application being CRM (A) 4173 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)