Jharna Kirtania v. State Of West Bengal
C.R.M. 6601 of 2020 IA No. CRAN 1 of 2020 Court 8 sg 16-09-2020 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 336 of 2020 dated 15.08.2020 under sections 417/376/325/313/506/34 of the Indian Penal Code. Allowed Jharna Kirtania & Ors.
Versus
State of West Bengal Mr. Asraf Mandal, Adv.
...for the petitioners.
Mr. Sudip Ghosh, Adv.
Mr. Apurba Kumar Datta, Adv.
...for the State.
The petitioners undertake to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.
Accordingly, CRAN 1 of 2020 is disposed of.
Learned Counsel appearing on behalf of the petitioners submits that the petitioners are the parents of the main accused, Bijoy. The present petitioners are in no way connected with the alleged offence. That apart, the victim is an adult.
Learned Counsel appearing on behalf of the State opposes the prayer for bail.
Considering the nature of allegations and the materials available against the present petitioners, we do not think that custodial interrogation of the present petitioners is required in this case. Accordingly, we allow the application for anticipatory bail.
Accordingly, in the event of arrest, the petitioners will be enlarged on
bail on furnishing security bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioner no.2 shall meet the investigating office once in a fortnight In the event the petitioners fail to comply with the condition as enshrined hereinabove, the bail shall stand automatically cancelled. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Jay Sengupta, J.) (Soumen Sen, J.)