Jaher Hossien @ Zahir Hosen And ANR v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 17.12.2021 AT JALPAIGURI Court No.01 Item No. 33 sg CRM 1165 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mathabhanga Police Station Case No. 137 of 2021 dated 17.03.2021 under Sections 363/365 of the Indian Penal Code and added Section 364A IPC.

And In Re: Jaher Hossein @ Zahir Hosen & Anr.

Petitioners Mr. Arijit Ghosh For the Petitioner Mr. Kallor Acharjee Mr. Tapan Bhattacharjee For the State The learned Counsel for the petitioners submits that the petitioners are innocent and two other accuses persons have been recently enlarged on bail. The learned Counsel for the State submits that the missing boy has not yet been recovered. It is further submitted that the two accused persons were granted default bail.

Considering the materials available on record and bearing in mind the nature and involvement of the petitioners in the commission of alleged offence and in view of the fact that the missing boy has not yet been recovered, we are not inclined to grant anticipatory bail to the petitioners. The prayer for anticipatory bail is rejected and CRM 1165 of 2021 is accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Biswajit Basu, J.) (Soumen Sen, J.)