Momin Mollah @ Dabir Hossain Mollah @ Dobir Hossain And ORS. v. State Of West Bengal And ANR

20.12.2024 32.

Ct. No. 28 SG [Partly Allowed] C. R. M. (A) 4507 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Labpur Police Station Case No. 96 of 2023 dated 23.06.2023 under Sections 305/120B of IPC with Section 67B of IT Act and Sections 8/12 of POCSO Act.

And In Re: Momin Mollah @ Dabir Hossain Mollah @ Dobir Hossain and Ors.

... ... Petitioners Mr. Sujoy Sarkar, Ms. Sneha Srivastava.

...... for the petitioners Mr. Anand Kesairi, Mr. Arka Chakraborty.

...... for the State 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner no. 1 had a romantic relationship with the minor. Thereafter, he blackmailed her by threatening to upload her obscene pictures. Unable to bear the pressure, she committed suicide. 3.

Keeping in mind the involvement of petitioner no. 1 in the crime, we are not inclined to grant anticipatory bail to him. 4.

Allegations under Sections 8/12 of POCSO Act are not levelled against petitioner nos. 2 to 5, relations of petitioner no.

1. Hence, we are inclined to grant anticipatory bail to them. 5.

Accordingly, we direct that in the event of arrest, the petitioner nos. 2 to 5 viz., Mostafa Mollah @ Mostufa Molla, Sokhi Bibi @ Mariyam Bibi, Samim Mollah @ Rafikul Islam Molla and Rahul Sk. @ Sekh Abbasuddin be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of Signed By :

SOURAV GHOSH High Court of Calcutta 24 th of December 2024 04:08:45 PM

like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They 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 :

SOURAV GHOSH High Court of Calcutta 24 th of December 2024 04:08:45 PM