Pradip Kumar Ray v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 24.05.2024.

19.

as (Allowed).

C.R.M. (A) 414 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Maynaguri P.S. Case No.132 of 2024 dated 02.04.2024 under Sections 363/365 of the Indian Penal Code read with Sections 6 & 17 of the POCSO Act.

In the matter of : Pradip Kumar Ray.

... Petitioner.

Mr. Gobinda Saha.

...for the Petitioner.

Mr. Biswarup Roy.

.....for the State.

1. Petitioner is the uncle of the principal accused. He submits he has been falsely implicated. Accordingly, he prays for anticipatory bail.

2. Learned Advocate for the State produces the Case Diary.

3. Inspite of notice nobody appears for the victim.

4. We have considered the statement of the minor victim. She stated the principal accused Biswajit had coerced her to accompany him on the threat of committing suicide. Thereafter, he cohabited with her. Subsequently, she came to know he was a married man. Petitioner is the uncle of the principal accused.

5. Keeping in mind the extent of complicity of the petitioner in the crime, we are inclined to grant anticipatory bail to him.

6. Accordingly, we direct that in the event of arrest the petitioner viz., Pradip Kumar Ray 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 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 trial court and pray for regular bail within a period of four weeks from date.

7. This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)