Calcutta High Court (Appellete Side)
Sections 341/326A/354B/ ... vs In Re on 11 December, 2018
1 11.12.201814
PartlyAllowed md.
CRM No. 10796 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 Panchla Police Station Case No.87/2017 dated 20.03.2017 under Sections 341/326A/354B/ 379/506/307/34 of the Indian Penal Code.
And In Re:-
Abdur Rashid Halder @ Rosid Halder and others ... Petitioners Mr. S.M. Obaidullah, Mr. Roni Choudhury ..for the Petitioners Mrs. Subhasree Patel .. for the State The petitioners seek anticipatory bail in connection with Panchla Police Station Case No.87/2017 dated 20.03.2017 under Sections 341/326A/354B/379/506/307/34 of the Indian Penal Code. The petition is not pressed as regards the first petitioner since he has been arrested.
The State produces the case diary and says that though the third petitioner has been named in the complaint, the statements of the victims do not reveal the name of the third petitioner. As to the second petitioner, the State says that there is a charge that he outraged the modesty of a woman, but the statement of the relevant woman has not yet been obtained.
1 2 Considering the material on record and particularly since the petitioners have been identified, there may not be any need to arrest the second and the third petitioners at this stage as long as they cooperate with the investigation.
Accordingly, in the event of arrest, the second and the third petitioners will be granted bail upon furnishing security of Rs.10,000/- each (Rupees ten 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 aforesaid 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 partly allowed subject to the conditions as 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