Ratan Mandal Alias Sawpan v. The State Of West Bengal

14.06.2021 Saswata & AB CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI (via video conference) C.R.M. 646 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on in connection with New Jalpaiguri P.S.Case No. 214 of 2020 dated 02.03.2020 under Sections 417/376 of the Indian Penal Code. In the matter of : Ratan Mandal @ Sawpan

...Petitioner

Mr. Deborshi Dhar ...for the Petitioner.

Ms. Aditi Shankar Chakraborty Mr. Aniruddha Biswas .....for the State.

The petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, subsequent to the complaint, the de facto complainant and the accused solemnized marriage. He submits that, the complaint was as a result of a misunderstanding between the de facto complainant and the petitioner. Such misunderstanding was subsequently removed. He seeks anticipatory bail.

The State is represented.

In the facts and circumstances of the present case, it appears that there is a certificate of marriage dated January 22, 2021 between the complainant and the accused. The complaint is of March 4, 2020. The marriage being subsequent to the complaint, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be 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 meet the Investigating Officer once in a month.

CRM 646 of 2021 is disposed of.

(Debangsu Basak, J.) (Aniruddha Roy, J.)