Calcutta High CourtCRM(A)/105/2022disposed

Biparna Barman v. State Of West Bengal

2022-02-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 22.02.2022 Sl. JCB1 Court No.29 sourav (Allowed) C.R.M. (A) 105 of 2022 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.02.2022 in connection with Sitai P. S. Case No. 98 of 2021 dated 16.07.2021 under Sections 6/17 of the Protection of Children from Sexual Offence (POCSO) Act, 2012.

And In the matter of: Biparna Barman ....petitioner.

Mr. Kalyan Kumar Chakraborty Mr. Kashinath Bhattacharya Mr. Benoybrata Bhowmik Mr. Ashok Harder Ms. Anjana Meheboob ...for the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Biswarup Roy ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State submits that the victim did not implicate the petitioner in her statement recorded under Section 164 of the Criminal Procedure Code. Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the victim did not implicate the petitioner in her statement recorded under Section 164 of the Criminal Procedure Code and considering the fact that the police filed charge-sheet, we grant 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date and on further conditions the petitioner shall appear before the court below on every date fixed for hearing.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 105 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)