Kenaram Ghosh @ Kinu v. State Of West Bengal

17.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5255 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 400 of 2022 dated 04.10.2022 under Sections 448/376/511 of the Indian Penal Code, 1860.

And In Re : Kenaram Ghosh @ Kinu ...... petitioner Mr. Arup Kumar Bhowmik ....for the petitioner Mr. Arup Kumar Mondal ....for the State The petitioner and the de-facto complainant are relatives. The de-facto complainant declined to undergo medico legal examination test.

The de-facto complainant is yet to record a statement under Section 164 of the Code of Criminal Procedure. Considering the materials in the case diary, 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.)