← Library
Calcutta High CourtCRM (A)/4058/2024allowed

Pranab Kumar Pramanik v. State Of West Bengal And ANR

2024-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

29.11.2024 as [ALLOWED] C. R. M. (A) 4058 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nandigram Police Station Case No. 465 of 2023 dated 01.04.2023 under Sections 363/365 of the Indian Penal Code and added Section 376 of the Indian Penal Code. In Re: Pranab Kumar Pramanik.

... ... Petitioner Mr. Amitabha Karmakar, Mr. Arup Kr. Bhowmick.

... ... for the petitioner Ms. Sujata Das, Mr. Atulya Sinha.

... ... for the State 1.

Petitioner submits victim is an adult married lady and had voluntarily left with the petitioner. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including statement of the victim. Victim is an adult married lady. She stayed with the petitioner in a hotel. She did not raise any protest. Allegation of forcible rape requires to be assessed in the light of the aforesaid circumstances at the appropriate stage of the proceeding.

4.

Under such circumstances, we are inclined to grant anticipatory bail to him.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Pranab Kumar Pramanik 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 Signed By : ALOK SETH High Court of Calcutta 3 rd of December 2024 11:44:08 AM

subject to the conditions as laid down under Section 482(2) of the BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 3 rd of December 2024 11:44:08 AM