Uttam Patra v. State Of West Bengal

11.01.2021 Court No.28 Rpan / 95 CRM 10701 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Uttam Patra ....Petitioner.

Mr. Gobinda Ch. Baidya, Mr. Goutam Mitra ....For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh ... for the State Apprehending arrest in connection with Contai P. S. Case No. 63 of 2020 dated 14.08.2020 under Sections 363/365/34 of the Indian Penal Code, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the criminal proceedings. The petitioner is living together with the girl and she has presently attained majority. Mr. Banerjee, learned advocate appearing for the State submits that there are incriminating materials in the case diary against the petitioner.

Upon considering the materials in the case diary and the 164 statement of the girl, we are of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, we allow the application and direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 10701 of 2020, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)