Calcutta High Court (Appellete Side)
Nirmal Sarkar @ Parimal vs Unknown on 17 May, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 17.5.2017
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17
jb C.R.M. 4288 of 2017 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 8th May, 2017 in connection with the Banarhat Police Station Case no. 68 of 2017 dated 10th March, 2017 under Section 4 of the Protection of Children from Sexual Offences Act, 2012 And In the matter of : Nirmal Sarkar @ Parimal ... petitioner Mr. Rabi Sankar Chatterjee ...For the petitioner Ms. Sukanya Bhattacharyya ...For the State Heard the learned advocates appearing on behalf of the parties. The petitioner is in custody for 49 days. Investigation is still continuing. The victim is a minor girl who is aged about 13 years.
Opposing the prayer for bail, our attention has been drawn to the statements of the victim girl and her brother recorded under Section 164 of the Code of Criminal Procedure by the learned counsel for the State. The brother was present not exactly at the spot but a distance away therefrom and on being attracted by the cry of his sister he reached there and saw the incident with his own eyes.
Learned counsel for the petitioner insisted us to consider the medical examination report. However, considering the nature of the allegations, we are of the opinion that this is not one of such cases where due to sexual assault marks of injury shall be left on the private parts of the victim.
Having regard to the above, the prayer for bail is rejected at this stage since investigation is still continuing.
(Ashim Kumar Roy, J.) 2 (Arindam Sinha, J.)