Calcutta High CourtCRM (A)/6040/2022allowed

Shankar Bhunya And ORS v. State Of West Bengal

2023-01-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

02.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 6040 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 1356 of 2022 dated 13.11.2022 under Sections 342/384/376/323/34 of the Indian Penal Code, 1860.

And In Re : Shankar Bhuiya & Ors.

...... petitioners Ms. Minoti Gomes ....for the petitioners Md. Anwar Hossain Ms. Manisha Sharma ....for the State The de-facto complainant implicates the petitioners in an incident of rape and abduction.

There is a marriage certificate produced in Court on behalf of the petitioner claiming that the first petitioner and the de-facto complainant were married.

In view of such marriage certificate and in view of the materials in the case diary, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 nos. 1 (Shankar Bhuiya), 2 (Akash Bhuiya), 3 (Gandalal Bhuiya @ Genalal Bhuiya), 6 (Bablu Bhuiya @ Bablu Roy) and 7 (Shyamal Bhuiya) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos. 4 (Sancharia Bhuiya) and 5 (Rekha Bhuiya) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)