Kudduj Miah @ Kudduchh Haque v. The State Of West Bengal
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 10.02.2021 p.b./rrc C.R.M. 170 of 2021 with C.R.A.N. 1 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Women Police Station Case No. 86 of 2019 dated 02.11.2019 under Sections 376/323/506/109 of the Indian Penal Code.
In the matter of : Kudduj Miah @ Kudduchh Haque ... petitioner Mr. Sudip Guha .....For the petitioner Mr. Saikat Chatterjee Mr. Biswarup Roy ......For the State Considering the nature of allegations and the fact that no steps were admittedly taken by the State since 2019, we are of the view that the application for anticipatory bail of the petitioners should be allowed.
In the event, the petitioner is arrested, he shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties each of like amount to the satisfaction of the arresting officer. The petitioner shall be subject to Section 438(2) of the Code of Criminal Procedure and make himself available for questioning before the concerned police station as and when the petitioner is required to do so and upon prior intimation.
CRM 170 of 2021 is allowed and disposed of in terms of the above.
CRAN 1 of 2021 also stands disposed of.
(Md. Nizamuddin, J.) (Moushumi Bhattacharya, J.)