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Calcutta High CourtCRM(A)/781/2025allowed

Manirul Islam@Manirul Rahaman v. The State Of West Bengal And ANR

2025-11-27Hon'Ble Justice Bivas Pattanayak2 pages

27.11.2025 Item no.10 Court No.3 ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , CRM (A) 781 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023/Section 438 of the Code of Criminal Procedure, 1973 in connection with Cooch Behar Sadar Women Police Station Case No.170 of 2025 dated 11.08.2025 under Sections 69/115(2)/351(2) of the Bhartiya Nyaya Sanhita, corresponding to G.R. Case No.1445 of 2025.

In the matter of : Manirul Islam @ Manirul Rahaman ... Petitioner.

Mr. Hillol Saha Podder ... for the petitioner Mr. Kallol Acharjee Mr. Dhiman Sil .....for the State.

1.

Learned Advocate for the petitioner submits that the victim and the petitioner had previous love relationship. There are no such allegations of any forcible sexual intercourse. Both the petitioner and the victim are major. He seeks for grant of anticipatory bail to the petitioner.

2.

Learned Advocate for the State, opposing such prayer for grant of anticipatory bail in favour of the petitioner, submits that there are specific allegations against this petitioner of his involvement in the alleged offence. He seeks for dismissal of the application for grant of anticipatory bail.

3.

Despite service none appears on behalf of the de facto complainant.

4.

Perused the case diary and the materials on record.

5.

It is found from the statement of the victim recorded under Section 164 Cr.P.C. that the victim and the petitioner had previous love relationship and there was a proposal of marriage but that was dismissed by the petitioner. Although there are allegations of assault but there are no such notable injuries. The parties are major. Considering the entire circumstances, I am inclined to extend the benefit of anticipatory bail in favour of the petitioner.

6.

Accordingly, in the event of arrest the petitioner namely Manirul Islam @ Manirul Rahaman 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 corresponding to Section 482(2) of BNSS and shall meet the investigating officer once in a fortnight until further orders. The petitioner shall attend the Court on each and every date fixed for appearance and hearing. The petitioner shall join investigation and cooperate with the Investigating Officer.

7.

In default the jurisdictional Court shall pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

8.

This application for anticipatory bail is allowed. 9.

CRM (A) 781 of 2025 is, thus, disposed of.

(Bivas Pattanayak, J.)