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[Cites 8, Cited by 0]

Calcutta High Court (Appellete Side)

Ruby Samanta & Ors vs Unknown on 17 July, 2023

17.07.2023                             C.R.M. (A) 2394 of 2023
   SL. 7
Court No. 29      In Re: - An application for anticipatory bail under Section 438 of
  Suvayan         the Code of Criminal Procedure filed in connection with Belur
 (Allowed)
                  P.S. Case No. 78 of 2023 dated 07.04.2023 under Sections
                  341/354/354B/506/34 of the IPC and Section 8 of the POCSO
                  Act pending before the learned CJM, Howrah.
                                                  And

                  In the matter of: Ruby Samanta & Ors.
                                                                      ....petitioners.

                     Mr. Milon Mukherjee, Sr. Adv.
                     Mr. Soumya Basu Roy Chowdhuri
                                                                ...for the petitioners.

                     Mr. Saibal Bapuli, APP
                     Ms. Sayanti Santra
                                                                     ...for the State.

               1.

Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the victim recorded under Sections 164 Cr.P.C. Admittedly the occurrence happened following a property dispute. Charge-sheet is stated to have been filed.

3. Learned Senior Counsel for the petitioners submits that the petitioners are complying with the notice/notices issued to them under Sections 41A Cr.P.C.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioners and completion of investigation, it is directed that each of the petitioner shall appear before the learned Chief Judicial Magistrate, Howrah within 15 days from today in G.R. case arising out of the Belur P.S. Case No. 78 of 2023. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

2

5. The learned Chief Judicial Magistrate is directed to act upon the server copy of this order, if required.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2394 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3