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56 03.01.2019
ss Allowed
C.R.M. 11260 of 2018
In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.12.2018 in connection with
Malda P.S. Case No. 431 of 2018 dated 09.10.2018 under Sections
498A/376/307/506/509/511/34 of the Indian Penal Code.
And
In the matter of : Raj Kumar Das
… … petitioner
Ms. Kalidas Saha
… … for the petitioner
Mr. Angshuman Chakraborty
… … for the State
The petitioner seeks anticipatory bail in connection with Malda P.S.
Case No. 431 of 2018 dated 09.10.2018 under Sections
498A/376/307/506/509/511/34 of the Indian Penal Code.
The State produces the case diary and refers to the statement of the
victim recorded under Section 164 of the Code. According to the State, the
victim claimed that this petitioner along with others tried to commit rape
on the victim.
Considering the statement of the victim and the material against the
petitioner, there does not appear to be any need to take the petitioner into
custody at this stage.
In the event of arrest, the petitioner will be granted bail upon
furnishing security of Rs. 10,000/- (Rupees ten thousand only), with two
sureties of Rs. 5,000/- (Rupees five thousand only) each, one of whom
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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 is directed to meet 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 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.)