Calcutta High Court (Appellete Side)
363/366A/506/34 Of The Indian Penal ... vs In Re on 5 December, 2018
1 5.12.201818
Allowed md.
CRM No. 10794 of 2018 Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28th November, 2018 in connection with Chanchal P.S. Case No. 02 of 2016 dated 04.01.2016 (Corresponding to G.R. No. 12 of 2016) under Sections 363/366A/506/34 of the Indian Penal Code.
And In Re:-
Sujan Bhuiya @ Taklu and others ... Petitioners Mr. Arup Sarkar, Adv.
.. for the petitioners Mr. Subrata Roy, Adv.
..for the State The petitioners seek anticipatory bail in connection with Chanchal P.S. Case No. 02 of 2016 dated 04.01.2016 (Corresponding to G.R. No. 12 of 2016) under Sections 363/366A/506/34 of the Indian Penal Code.
The State produces the case diary and refers to the statement of the victim recorded under Section 164 of the Code. However, the State also points out that the victim was a minor, notwithstanding her statement that she was in love with one of the petitioners. Considering the material available, there may not be any need to take the petitioners into custody at this stage. 1 2 Accordingly, in the event of arrest, the petitioners are directed to be released on bail upon furnishing bond of Rs. 10,000/- (Rupees ten thousand only) each, 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 petitioners 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 petitioners subject to compliance with all requisite formalities. (Suvra Ghosh, J.) (Sanjib Banerjee, J. ) 2