Calcutta High CourtCRM (A)/4685/2023allowed

Ranjit Mandal v. State Of West Bengal And ANR

2023-12-14Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4685 of 2023 14.12.2023 ML. 62 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 515 of 2023 dated 31.07.2023 under Section 363 IPC read with Section 4 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act.

And In the matter of: Ranjit Mandal ....petitioner.

Md. Wasim Akram ...for the petitioner.

Mr. Debasish Roy, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for the parties.

2. On perusal of the entire materials as placed before us, we find that in her statement as recorded under Section 164 Cr.P.C., the victim has stated that she voluntarily fled away with the present petitioner out of her romantic relationship and thereafter, she married the present petitioner. It has also been expressed by her that she wants to live with the present petitioner.

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

the facts and circumstances of the case including the conditions that:

i) The petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form.

4. Within 21 days from today, petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 4685 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)