Patai Mollick v. State Of West Bengal

November 10, 2020 srm/ARDR (Serial No. 80) Rejected CRM 8964 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Palashipara Police Station case no. 227 of 2020 dated 25/08/2020 under Sections 341/376/34 of the Indian Penal Code.

In Re : Patai Mollick, ... petitioner Mr. Koustav Bagchi, Mr. Amanul Islam, Mr. Sourav Mukherjee .....for the petitioner Mr. Imran Ali, Ms. Manasi Roy, ....for the State.

The petitioner says that the petitioner had a consensual relationship with the alleged survivor and for reasons not immediately known to the petitioner, wild allegations have been made by the complainant.

The State refers to the statement of the survivor recorded under Section 164 of the Code. According to such statement, the petitioner and the petitioner's brother lured the survivor to Bengalore during the lockdown with the promise of getting her a job. The statement refers to the petitioner being sexually exploited while in Bengalore, when she knew no other person and it also appears that the survivor may have been coerced to submit to the sexual overtures of other persons.

Considering the statement of the victim, the petitioner cannot be allowed to remain active and indulge in further acts of the similar kind.

The prayer for bail is refused.

CRM 8964 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)