Jiyarul Haque Molla @Iyaur Rahaman Molla @Raju v. State Of West Bengal

18.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5284 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Joynagar Police Station Case No. 463 of 2022 dated 05.07.2022 under Sections 456/376(i)/506 of the Indian Penal Code, 1860.

And In Re : Jiyarul Haque Molla alias Jiyaur Rahaman Molla alias Raju ...... petitioner Mr. Angshuman Chakraborty Mr. S. S. Saha ....for the petitioner Mr. Soumik Ganguly ....for the State The victim in her statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) implicates the petitioner.

The medical examination report of the victim, however, does not support the claim of the victim as recorded in her 164 Cr.P.C. statement.

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 week 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.)