Calcutta High Court (Appellete Side)
Tanushree Das vs Unknown on 2 March, 2016
Author: Patherya
Bench: Patherya
1 60 02.03.2016
. CRM 1178 of 2016
BD
Re: An application for bail under Section 438 of the Code of Criminal Procedure filed on 8th February, 2016 in connection with Arambagh Police Station Case No. 1138/2015 dated 29.10.2015 under Section 341/511/354/376/279/506/34 of the Indian Penal Code.
In the matter of : Tanushree Das.
... Petitioner Mr. Soumya Banerjee.
... For Petitioner Mr. N. P. Agarwal.
... For State Apprehending arrest in Arambagh Police Station Case No. 1138/2015 dated 29.10.2015 under Section 341/511/354/376/279/506/34 of the Indian Penal Code, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that the petitioner and the other person who was riding the motorcycle met with an accident and because of this the injuries suffered by the petitioner be looked into. They are in no way connected with the offence alleged and have been falsely implicated with the instant case. The discharge certificate issued by the Arambagh Hospital in respect of the petitioner be looked into.
Counsel for the State produces the case diary and takes Rejected us to the statement of the victim girl recorded under Section 161 of the Code of Criminal Procedure at page 8A and the statement of the eye witness at pages 7 and 8. The injury report at pages 19 to 29 be also looked into. The age of the victim girl be also considered.
2Having considered the submissions of the parties and on scrutiny of the case diary, sufficient material exists to warrant rejection of this application, more so, when the victim girl is 13 years old.
Accordingly, the prayer for anticipatory bail is rejected and the application is, thus, dismissed.
Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya, J) (Debi Prosad Dey, J)