Calcutta High CourtCRM/15/2021dismissed

Dilip Roy v. The State Of West Bengal

2021-01-20Hon'Ble Justice Rajesh Bindal, Chief Justice (Acting)),Hon'Ble Justice Saugata Bhattacharyya1 pages

20.01.2021 SL No.2 AP/ss CRM 15 of 2021 (Through Video Conference) Dilip Roy ... Petitioner.

Vs.

The State of West Bengal ... Respondent.

M/s Panchali Deb Sikder (Nag) and Arijit Ghosh, Advocates ...for the Petitioner present in Court.

M/s Aditi Shankar Chakraborty, Ld. A.P.P. and Sagnik Sankar Sikdar, Advocates ...for the respondent present in Court.

The present application has been filed for grant of bail to the petitioner in Bhaktinagar Police Station Case No. 959 of 2020 dated 30.10.2020 registered under Section 363 of the Indian Penal Code read with Sections 6/17 of the Protection of Children from Sexual Offences Act.

Arguments sought to be raised on behalf of the petitioner is that as per the allegation in the FIR the victim was kidnapped at 11:30 p.m. Hence, it cannot be said to be without her consent. The argument is totally misconceived as the victim is a minor. Hence, we do not find this case to be fit for grant of pre arrest bail. The present petition is accordingly dismissed. (Rajesh Bindal, J.) (Saugata Bhattacharyya, J.)