rkd Ct. No.28 C.R.M. 3296 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04/06/2018 in
connection with Bankura P.S. Case No. 111 of 2018 dated
10/05/2018 under Sections 498A/376/323/307/506/34 of
the Indian Penal Code.
In the matter of: Rajendra Kuchlyan Ors.
Mr. Malay Bhattacharyya
…for the petitioners.
Mr. R. Mukherjee,
Mr. S. Chatterjee
…for the State.
It is submitted on behalf of the petitioner that there was a
matrimonial discord between the petitioner no.1 and his wife,
that is the defacto complainant herein. Prior to the registration of
the instant case of petitioner no.1 a criminal case had been
lodged by the daughter implicating the defacto complainant and
one Mithu Das for subjecting her to sexual exploitation. In
retaliation, the instant case has been registered against the
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail.
We have considered the materials on record including the
statement of the victim recorded under Section 164 Cr.P.C. We
also note the pre-existing enmity between the parties and the
registration of criminal case against the defacto complainant at
the behest of her own daughter. Allegation of rape upon the
defacto complainant relates to 2012 and August, 2017. There is
no explanation for the inordinate delay in lodging the first
information report. In view of the aforesaid facts, we are of the
opinion that custodial interrogation of the petitioners is not
necessary and petitioners may be granted anticipatory bail.
In the event of arrest, the petitioners shall be released on
bail upon furnishing a Bond of Rs. 10,000/- each with two
sureties of like amount to the satisfaction of the Arresting Officer
and also subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on further
condition that the petitioner nos.1 to 3 shall meet the
investigating officer once in a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)