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Calcutta High CourtCRM (A)/5371/2022dismissed as rejected

Kishore Biswas v. State Of West Bengal

2022-11-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

30.11.2022 Serial no. 10 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5371 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with POCSO 78 of 2022 arising out of Krishnaganj Police Station Case No.

of dated 4.8.2022 under Sections 363/365/34 of the Indian Penal Code and under Section 6 of POCSO Act.

-AndIn the matter of : Kishore Biswas ... ...Petitioner Ms. Karabi Roy, Advocate ... ... For the Petitioner Mr. Narayan Prasad Agarwal, Mr. MFA Begg, Advocates ... ...For the State The principal accused is yet to be arrested.

The victim in her statement recorded under Section 164 of the Criminal Procedure Code speaks of abduction and/or involvement of the family members of the principal accused therein.

The petitioner before us is the brother of the principal accused.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5371 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)