Surath Naskar v. State Of West Bengal

CRM 8526 of 2020 20.11.2020 Court No. 16 Item No. 30 nandy/biswas (Via Video Conference) In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 13.10.2020 in connection with Kultali Police Station Case No. 175 of 2020 dated 25.04.2020 under Sections 363/365/120B of the Indian Penal Code and Section 4 of the POCSO Act.

and In the matter of: Surath Naskar & Ors.

...... Petitioners Mr. Angsuman Chakraborty, Advocate ......for the Petitioners Mr. Rana Mukherjee, Advocate Mr. Santanu Chatterjee, Advocate ......for the State (Anti-Bail - Allowed) The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of the normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The first two petitioners are the parents of the principal assailants and the third is said be an acquaintance. The petitioners claim that they have nothing to do with the assault or rape of the minor girl.

The State places the statement of the minor survivor recorded under Section 164 of the Code of Criminal Procedure. Such statement does not refer to any illegal act committed by any of the petitioners herein.

In such view of the matter, the petitioners are entitled to anticipatory bail.

In the event of arrest, the petitioners will be enlarged on

bail on furnishing security of Rs.10,000 (Rs. Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners should abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. CRM 8526 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Hiranmay Bhattacharyya, J.)