Mijanur Rahaman Alias Biswas v. State Of West Bengal

20.10.2020 SL No. 101 Sdas allowed CRM 8099 2020 (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Women P.S. Case No. 67 of 2020 dated 13.07.2020 under Sections 493/406 of the Indian Penal Code.

In the matter of : Mijanur Rahaman @ Biswas .........Petitioner. Mr. Mritunjoy Chatterjee ...for the Petitioner.

Mr. Saibal Bapuli, learned A.P.P.

...for the State.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that victim was a major lady at the time of consensual cohabitation, we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) 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. The application for anticipatory bail is, thus, allowed. (Md. Nizamuddin, J.) (Joymalya Bagchi, J.)