Dipak Kumar Mohanta v. The State Of West Bengal

AD-252 Ct No.01 Jalpaiguri 03.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 13 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.01.2023 in connection with Dinhata Women Police Station Case No. 107 of 2022 dated 14.11.2022 under Sections 448/376(2)(n)/417 IPC, 1860, corresponding to GR Case No. 630 of 2022.

And In the matter of: Dipak Kumar Mohanta .... petitioner Mr. Subhasish Misra, Mr. Swarup Das ... for the petitioner Mr. Saikat Chatterjee, Mr. Chattu Roy ... for the State Learned counsel for the petitioner contends that there were threats on the part of the victim which compelled the petitioner to enter into a relationship with the victim.

Learned counsel for the State, while opposing the prayer for anticipatory bail, submits fairly that it appears from the materials on record that there was a prior relationship between the petitioner and the victim. Although the medical report indicates that there was occasion of rupture of the hymen, in the peculiar circumstances of the case as indicated above, we are inclined to grant anticipatory bail. Accordingly, CRM (A) 13 of 2023 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall satisfy the stipulations in Section 438(2) of the Code of Criminal Procedure.

In the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Dinhata. The petitioner shall not leave the territorial jurisdiction of the concerned police station during the period of investigation and shall meet the Investigating Officer once a month during the entire period of investigation.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)