Rayel Mia @ Royel Mian @ Rayal Mia v. State Of West Bengal And ANR

C.R.M. (A) 4646 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 616 of 2023 dated 01.07.2023 under Sections 363/365 IPC read with Sections 177/120(B)/109 of the Indian Penal Code and Sections 9/10/11 of the Child Marriage Act and adding Section 6 of the POCSO Act (corresponding to Special Case No. 81 of 2023), pending before the Learned Judge, Special Court-cum-Additional Sessions Judge, Chanchal, Malda.

And In the matter of: Rayel Mia @ Royel Mian @ Rayal Mia ....petitioner 13.12.2023 SL.53 Court No. 29 Aloke Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Dhanasree Biswas Ms. Poulami Basu ...for the petitioner Mr. Joydeep Roy Ms. Sujata Das ... for the State.

1. Heard learned Counsel for the parties.

2. Perused the statements of the victim girl as recorded under Section 164 Cr.P.C. where she has clearly exonerated the present petitioner in respect of the alleged crime.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The petitioner shall not threaten, induce or coerce any

witness of this case in any manner whatsoever during the currency of this order.

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

6. The application being CRM (A) 4646 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)