CRM/1133/2019 of BIKASH BARMAN Vs State of West Bengal on 23 December 2019

3.12.2019l No.79P

CRM 12214 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code ofCriminal Procedure filed on 19.12.2019 in connection with Maynaguri P.S. CaseNo. 260 of 2019 dated 08.08.2019 under Sections 363/365 of the Indian PenalCode and Section 4 of the POCSO Act.

And

In Re: Bikash Barman

… … Petitioner.

Mr. Anirban Banerjee,Ms. Madhushri Dutta Majumder … for the petitioner.… … for the State.

Mr. Subrato Roy

It is submitted on behalf of the petitioner that there was a love affairbetween the petitioner and the victim.

Learned counsel appearing on behalf of the State opposes the prayer foranticipatory bail and submits that the victim is a minor girl.

Having considered the materials on record and bearing in mind the natureof allegations in the light of the exonerative statement made by the victim girland in view of the fact that the victim girl has already been recovered, we areinclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be releasedon bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only),with two sureties of like amount each, to the satisfaction of the arresting officerand also be subject to the conditions as laid down under Section 438(2) of theCode of Criminal Procedure, 1973 and on condition that the petitioner shall appear before the court below and pray for regular bail within a period of fourweeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.)

(Joymalya Bagchi, J.)