Allowed

Somu Patra @ Sonu Patra @ Sanu Patra v. State of West Bengal

Calcutta HC1 Oct 2021CRM/2871/2021

Case brief

AI extract

What is this about?

This court allowed an application for anticipatory bail under Section 438 CrPC. Despite prima facie appearance of a relationship dispute where the victim refused medical exam, immediate custody was deemed unnecessary. Bail granted with bond of Rs.10,000 and two sureties.

What did the court decide?

Anticipatory bail allowed; petitioner released on bail upon furnishing bond of Rs.10,000 with two sureties.

Somu Patra @ Sonu Patra @ Sanu Patra Vs State of West… — Anticipatory Bail | Calcutta HC (2021)

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(Allowed)

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01.10.2021 Item no.27. Court No.32. AB

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(Via Video Conference)

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CRM No. 2871 of 2021

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In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Khardaha Police Station Case No.68 of 2021 Dated 29.01.2021 under Sections 376/417 of the Indian Penal Code

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And

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In the matter of : Sri Somu Patra @ Samu Patra @ Sanu Patra

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……Petitioner.

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Mr. Dipanjan Chatterjee, Mr. Asit Nayek ……for the Petitioner. Mr. S. S. Imam, Mr. Arabinda Manna ……for the State.

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The petitioner, about 26 years old, says that he developed a relationship with the complainant/victim, about 30 years old, who is a widow. After sometime, the widow insisted on getting married to the petitioner. The petitioner disagreed and started avoiding the victim. Thereafter, two friends of the petitioner called the victim over telephone and said that the petitioner died in an accident. The victim made enquiry and found that the petitioner is very much alive.

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The petitioner says that being annoyed, this false complaint has been lodged.

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We have seen the material in the case diary including the statement of the victim. It prima facie appears that there was relationship between two parties, who are both majors. The victim refused to undergo medical examination.

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On an overall assessment of the facts and circumstances of the case and the material on record, although charge sheet is yet to be submitted, we are of the view that immediate custodial interrogation of the petitioner is not necessary so long as he cooperates with the Investigating Officer.

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Accordingly, in the event of arrest, the petitioner, namely Somu Patra @ Samu Patra @ Sanu Patra shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

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In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

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The application for anticipatory bail being C.R.M. No.2871 of 2021 is, thus, allowed.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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(Bivas Pattanayak, J.)

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(Arijit Banerjee, J.)

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Somu Patra @ Sonu Patra @ Sanu Patra v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Somu Patra @ Sonu Patra @ Sanu Patra v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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