Dinabandhu Sahis v. State Of West Bengal

C.R.M. (A) 5451 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hura Police Station Case No. 157 of 2022 dated 30.08.2022 under Sections 448/341/354B/323 of the Indian Penal Code vide GR Case No.1854 of 2022.

And In the matter of: Dinabandhu Sahis ....petitioner.

Mr. Srijan Nayak Ms. Rituparna Maitra ...for the petitioner.

Mr. Navanil De ...for the State.

Petitioner prays for anticipatory bail.

25.11.2022 Sl.15 Court No.29 (AD) (Allowed) There are discrepancies between the statements recorded by the victim and her mother-in-law.

The victim did not record a statement under Section 164 of the Code of Criminal procedure.

There is no material in the case diary suggesting that medical examination of the victim was undertaken. 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/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a

fortnight 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 5451 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)