Prodip Kumar Biswas v. State Of West Bengal

10.01.2024 Item No.249ML Ct. No. 29 CHC Rejected C.R.M.(A) 4912 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station FIR No. 298/2023 dated 02.10.2023 under Sections 417/376/406/506/120B of the Indian Penal Code and Section 4 POCSO Act.

And In the matter of : Prodip Kumar Biswas ...... petitioner Mr. Sandip Chakraborty, Mr. Dilip Kumar Maiti, ....for the petitioner Mr. Anwar Hossain ....for the State Ms. Minoti Gomes ....for the de facto complainant Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, there was a relationship of four years. The petitioner is now married to the victim.

State and the de facto complainant are represented. The materials in the Case Diary suggest that there was a physical relationship when the victim was a minor. The petitioner is being proceeded inter alia under Section 4 of the POCSO Act.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail to the petitioner. This application for anticipatory bail is, thus, rejected. CRM(A) 4912 of 2023 is disposed of.

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