Calcutta High Court (Appellete Side)

Chaitanya Ghorai vs Rinki Ghorai @ Anuradha Ghorai & Ors on 19 March, 2024

Author:
Debangsu Basak

Bench:
Debangsu Basak

19.03.2024

Item Nos.18 & 23

Ct. No. 29

CHC
Allowed

C.R.M.(A) 937 of 2024

In Re:- An application for anticipatory bail under
Section 438
of
the Code of Criminal Procedure in connection with Dantan
Police Station Case No. 375 of 2023 dated 21.12.2023 under

Sections 498A
/
/
/
/
of the Indian Penal Code.

And

In the matter of : Chaitanya Ghorai
...... petitioner

Mr. Amitabha Karmakar,
Mr. Arup Kumar Bhowmick
....for the petitioner

Mr. Iqbal Kabir
....for the State

with
C.R.M.(A) 943 of 2024

In Re:- An application for anticipatory bail under
Section 438
of
the Code of Criminal Procedure in connection with Raniganj
Police Station Case No. 375 of 2023 dated 21.12.2023 under

Sections 498A
/
/
/
/
of the Indian Penal Code now
pending before the Learned Additional Chief Judicial
Magistrate, Datan.

And

In the matter of : Rinki Ghorai @ Anuradha Ghorai & ors.

...... petitioners

Mr. Amitabha Karmakar,
Mr. Arup Kumar Bhowmick
....for the petitioners

Mr. Mainak Gupta
....for the State

Two application for grant of anticipatory bail are taken up

together analogously as they emanate out of the same police

case.

None appears for the de facto complainant despite

service.

Signed By :

CHINMOY
CHAKRABORTY
High Court of
Calcutta
19 th of March
2024 05:55:00 PM
Affidavit-of-service filed in Court filed in Court be taken

on record.

Statement of the victim recorded under
Section 164
of the

Criminal Procedure Code does not suggest rape as claimed in

the police complaint.

There is an issue of delay in lodgment of the First

Information Report. Moreover, there is a proceeding for

restitution of conjugal rights pending.

In such circumstances, we grant anticipatory bail to the

petitioners.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) each, with two

sureties of like amount each, to the satisfaction of the arresting

officer and also be 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, namely, Chaitanya Ghorai

in CRM(A) 937 of 2024 and petitioner no.3, namely, Apu Ghorai

@ Apurba Ghorai in CRM(A) 943 of 2024 will report before the

Investigating Officer once in a fortnight till the conclusion of

investigation and petitioner no.1, namely, Rinki Ghorai @

Anuradha Ghorai, petitioner no.2, namely, Arati Ghorai and

petitioner no.4, namely, Rita Ghorai in CRM(A) 943 of 2024 will

cooperate with the investigation and on further condition that

the petitioners shall appear on every date before the

jurisdictional Court on and from the date fixed for appearance

of the accused and in default the jurisdictional Court will pass
appropriate order to secure the presence of the petitioners in

Court including cancelling the anticipatory bail granted without

further reference to this Court.

This application for anticipatory bail is, thus, allowed.

CRM(A) 937 of 2024 and CRM(A) 943 of 2024 are

disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)