Jiaul Hoque @ Jiyaul v. State Of West Bengal

21.10.2020 SL No. 159 Sdas allowed CRM 8430 2020 (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No. 328 of 2020 dated 20.07.2020 under Sections 493/376/417/506/109 of the Indian Penal Code.

In the matter of : Jiaul Hoque @ Jiyaul .........Petitioner. Mr. Sagar Saha ...for the Petitioner.

Mr. N. Ahmed, learned A.P.P.

...for the State.

Having considered the materials on record and keeping in mind the nature of allegations in the light of the submission that the victim was a major lady at the time of consensual cohabitation, we are inclined in granting anticipatory bail to the petitioner. 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. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)