Calcutta High Court (Appellete Side)
3.07.2012 Under Sections 493/376/120B ... vs In Re : Sadhir Alias Raga Khan on 26 June, 2019
1 26.06.201928
sdas allowed C.R.M. No. 4503 of 2019 In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.04.2019 in connection with Kotwali Police Station Case No. 408 of 2012 dated 13.07.2012 under Sections 493/376/120B of the Indian Penal Code.
And In Re : Sadhir alias Raga Khan ....petitioner Mr. Arup Kumar Chatterjee ...for the petitioner Mr. Rana Mukherjee, Ms. Debjani Sahu .... for the State It is submitted by the learned Counsel appearing for the petitioner that there is delay in lodging F.I.R. and the victim was a major lady at the time of cohabitation.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner has refused to marry the victim who has given birth to a child.
Having considered the materials on record and bearing in mind the nature of allegations and in view of the fact that the age of the victim at the time of cohabitation has not been determined by way of medical examination or otherwise, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further 2 condition that he shall appear before the court below and pray for regular bail within a period of fortnight from date.
This application for anticipatory bail is, thus, allowed. (Manojit Mandal, J.) (Joymalya Bagchi, J.)