Calcutta High Court (Appellete Side)
Hiten Roy Alias Bao (Barman) vs Unknown on 11 September, 2018
1 11.09.2018
.
158. as (Allowed).
C.R.M. 7141 of 2018 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 31.08.2018 in connection with Madarihat P. S. Case No.27 of 2018, dated 04.03.2018 registered for investigation into offences punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012. In the matter of : Hiten Roy alias Bao (Barman).
... Petitioner.
Mr. Tapas Kumar Sinha, Ms. Rupan Biswas.
...for the Petitioner.
Mr. Subimal Nag.
.....for the State.
The petitioner seeks anticipatory bail in connection with Madarihat P. S. Case No.27 of 2018, dated 04.03.2018 registered for investigation into offences punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012.
The State produces the case diary and refers to the statement of the minor victim.
Considering the material on record, there is no need to take the petitioner into custody as long as the petitioner does not make any contact with the victim and enter any area within the jurisdiction of Madarihat Police Station except for the purpose of meeting the investigating officer.
Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing a security of Rs.10,000/- (Rupees ten 2 thousand only), 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 as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed subject to the conditions as indicated above.
A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay,J.) (Sanjib Banerjee, J.)