Application for anticipatory bail under Section 438 CrPC in a kidnapping case involving a minor was allowed as the missing girl had been restored and no police arrest had occurred.
Bail upon furnishing security of Rs. 10,000 with personal bond, compliant with Section 438(2) CrPC.
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06.10.2020. Item No. 15
ab C.R.M. 7465 of 2020
+
I.A. No. C.R.A.N. 1 of 2020
(Via Video Conference)
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Taherpur P.S. Case No. 96 of 2020 dated 24.07.2020 under Sections 363/366/34 of the Indian Penal Code;
And
In the matter of : Lalan Santra
... petitioner.
Mr. Asraf Mandal. …For the petitioner. Ms. Sukanya Bhattacharjee, Mr. Ashok Das. …For the State.
The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty-eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The initial problem has been solved now. There was a love affair between a minor girl and the petitioner. A case of kidnapping was started after the girl went missing on 22nd July 2020.
Now the girl has been restored to proper custody.
No arrest has been made by the police so far.
On this ground, we allow this application for anticipatory bail.
In the event of arrest, the petitioner will be released on bail upon furnishing security of Rs. 10,000/- (Rupees ten
2
thousand) together with personal release bond of equivalent value to the satisfaction of the arresting officer.
The petitioner will also comply with the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
CRM 7465 of 2020 and CRAN 1 are disposed of.
(I.P. Mukerji, J.)
(Hiranmay Bhattacharyya, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in light of the missing minor girl being restored and no arrest having been made.
1 provisions across 1 enactments
Lalan Santra
I.P. Mukerji
Hiranmay Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
