Ramendra Singh And ANR v. The State Of West Bengal And ANR
30.
10.04.2025 Court No.1 (Papiya) Allowed -in-part CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE CRM (A) 250 of 2025 In Re: - An application for anticipatory bail under Section 482 of Bharatiya Nyaya Suraksha Sanhita, 2023, in connection with Mathabhanga Police Station Case No. 145 of 2022 dated 28/03/2022 under Sections 6/17 of the Protection of Children from Sexual Offences Act, 2012.
And In the matter of: - Ramendra Singh & Anr.
...petitioners.
Mr. Hillol Saha Podder, Adv.
Ms. Mousumi Das, Adv.
...for the petitioners.
Mr. Aditi Shankar Chakraborty, Adv.
Mr. Sagnik Shankar Sikder, Adv.
...for the State.
1. Service report filed by the State be kept with the records. In spite of service nobody appears for the de facto compliant/victim.
2. The petitioners say that their names do not transpire in the First Information Report (FIR). They have been implicated solely on the basis of statements made by co-accused persons. They have no role to play in the alleged offence. They pray for anticipatory bail.
3. I find from statements of witnesses recorded under Section 161 of the Criminal Procedure Code, 1973 (corresponding to Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023) that the name of the petitioner no. 1 transpires as one of the
perpetrators of the alleged crime. Hence I am not inclined to allow his prayer for anticipatory bail.
4. This application stands dismissed insofar as the petitioner no. 1, namely, Ramendra Singh, is concerned.
5. However, insofar as the petitioner no. 2 is concerned, I do not find, prima facie, her involvement in the alleged offence. Hence, considering that she is a lady, I am inclined to allow her prayer for anticipatory bail so long as she cooperates with the police.
6. Accordingly, in the event of arrest, the petitioner no. 2, namely, Sabita Barman, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioner, while on bail, shall appear before the Trial Court on each and every date of hearing subject to commencement of trial and shall meet the Officer-inCharge/Inspector-in-Charge of the concerned police station as and when call for, until further orders. Within seven days from date, the petitioner no. 2 shall go and meet the Officer-inCharge/Inspector-in-Charge of the concerned police station.
7. The application for anticipatory bail being CRM (A) 250 of 2025 is, thus, disposed of.
8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Arijit Banerjee, J.)