Calcutta High Court (Appellete Side)
Manik Kirtania vs The State Of West Bengal on 18 December, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.316(M/L). December 18, 2018. SG Allowed CRM 8876 of 2018 In Re. An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of:
Manik Kirtania
-versus-
The State of West Bengal Mr Arijit Ghosh ... for the petitioner.
Mr A. Basu ... for the State.
The petitioner seeks anticipatory bail in connection with Samuktala Police Station Case No.216 of 2018 dated September 15, 2018 under Sections 376/511/307 of the Indian Penal Code read with Section 8 of POCSO Act.
The State rightly points out that the victim may have been a consenting party, but the age of the victim makes the act of the petitioner amount to statutory rape. The medical report corroborates the position, but the victim's statement appears to deliberately exonerate the petitioner.
In the light of the material evident, there may not be any need to take the petitioner into custody.
However, the petitioner will not contact the victim in any manner or form till the trial is completed and the petitioner will not enter any place within the jurisdiction of Samuktala Police Station 2 till completion of the trial except for the purpose of responding to the calls of the investigating officer.
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the investigating officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) ( Suvra Ghosh, J. ) 3