Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Rahamatullya Mia @ Rahamatulla Miah on 2 May, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
39. 02-05-11
CRM No. 3183 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 6.4.11 in connection with Alipurduar P.S. Case No. 508/2010 dated 28.12.2010 under Section 376/328/323/201/109/341/34 of the Indian Penal Code.
And In the matter of: Rahamatullya Mia @ Rahamatulla Miah
- petitioner Mr. Subir Debnath ... for the petitioner Mrs. Silpi Sengupta ... for the State Heard the learned Counsel appearing for the petitioner as well as the learned Counsel appearing for the State. Perused the case diary.
The petitioner is seeking bail in connection with a case relating to the offences punishable under Section 376/328/323/201/109/341/34 of the Indian Penal Code which was registered vide Alipurduar P.S. Case No. 508/2010.
It is submitted that the present petitioner is aged about 24 years and is in custody for about 120 days. The other co-accused, namely, his mother-in-law and sister-in-law have been granted bail by this court. We have gone through the 164 statement of the victim girl as well as the medical report.
Now considering the same and the petitioner's period of detention in custody, we allow the petitioner's prayer for bail.
Let the petitioner be released on bail upon furnishing P.R. Bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Alipurduar. He shall not 2 tamper with the prosecution case and shall not commit any offence while on bail.
The application for bail is, thus, disposed of.
(J. N. Patel, Chief Justice.) (Ashim Kumar Roy, J.)