Mihir Roy v. State Of West Bengal

14.01.2020.

19.

as (Allowed).

C.R.M. 261 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.01.2020 in connection with Mekhliganj P. S. Case No.277 of 2019 dated 22.11.2019 under Sections 417/376/323/506/34 of the Indian Penal Code. In the matter of : Mihir Roy.

... Petitioner.

Mr. Hillol Saha Poddar.

.....for the Petitioner.

Mr. R. Jana.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that there was an amorous relationship between the parties and the victim was a major lady at the time of cohabitation.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner cohabited with the victim on the false promise of marriage.

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 cohabitation and was

aware of the consequences thereof, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we 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 and on condition that the petitioner shall appear before the trial court and pray for regular bail within four weeks from date and on further condition that the petitioner shall meet the investigating officer once in a week until further orders. This application for anticipatory bail is, thus, disposed of. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)