C.R.M. 12266 of 2019
Dr. Saptarshi Banerjee
The State of West Bengal
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 20.12.2019 in connection with Special Case No.180 of 2019
corresponding to Behala P.S. Case No.231 of 2019 dated 01.08.2019 under
Section 341/Section323/Section354B/Section506 of the Indian Penal Code read with Section 8 of
Protection of Children from Sexual Offences Act, 2012.
Mr. Niladri Sekhar Ghosh
Mr. Tathagata Majumdar
Ms. Srimoyee Mukherjee
….. For the Petitioner
Mr. Swapan Banerjee
Mr. Suman De
…..For the State
This is an application under Section 439 of the Code of Criminal
Procedure filed on behalf of the petitioner who is a consultant Anesthetic
working in Hamad Medical Corporation, Qatar who is in jail custody for
nearly 25 days.
The case of Behala Police Station Case No.231 of 2019 dated 01.08.2019
under Section 341/ Section323/ Section354B/ Section506 of the Indian Penal Code was started
initially and thereafter Section 8 of Protection of Children from Sexual
Offences Act, 2012 was added subsequently.
I have heard the learned advocate appearing for the petitioner and
learned advocate appearing for the State.
On a bare reading of the First Information Report I do not find any
ingredient of offence under Section 8 of the POCSO Act alleging sexual
assault by the petitioner against his own daughter aged 6 years.
Learned advocate appearing for the petitioner invites my attention to
the First Information Report earlier filed in Haridevpur Police Station Case
being No.282 dated 10.07.2019 under Section 498A/ Section341/ Section323/ Section34 of the Indian
Penal Code filed by the de facto complainant/wife against the
petitioner/husband. Subsequently this case has been registered on the
complaint of the de facto complainant/wife. I think that there is no whisper
of any offence under the POCSO Act. However, in the course of
investigation, the Investigating Officer appears to have examined the
daughter of the petitioner and the de facto complainant under Section 161
and her statement was recorded under Section 164 of the Code of Criminal
Procedure by the Judicial Magistrate. There has been a considerable delay in
examination of the victim witness who was available for examination on the
date of registration of the case itself. So the statement of the daughter
appears to be tutored by the de facto complainant against the petitioner as
they have developed souring relationships in their marital tie.
Accordingly, I direct that the petitioner shall be released upon
furnishing bail bond of Rs.3,000/‐ (Rupees Three Thousand Only) with one
surety subject to the satisfaction of the Special Court, POCSO Act, Alipore,
South 24 Parganas.
Thus, CRM 12266 of 2019 is allowed.
Urgent photostat certified copies of this order, if applied for, be made
available to the parties upon compliance of the requisite formalities.
(Shivakant Prasad, J.)