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Judgment
Heard Mr. P. Rathor, learned counsel appearing for the petitioner as well as Mr. S. Debnath, learned Addl. PP appearing for the State-respondent.
This is an application filed under section 438 of the Code of Criminal Procedure, 1973 for granting anticipatory bail to the accused petitioner in connection with Mandai police station case no. 2020 MDI 013 registered under Sections 417/376/325/506 of the Indian Penal Code.
Mr. Rathor, learned counsel has submitted that as per the complaint petition, the petitioner had raped the victim girl on 06.08.2017, thereafter, there was an amicable settlement between the parties and, under tribal customary law, they started to live together in the house of the accused-petitioner. Mr. Rathor, has further submitted that in the year 2020, again dispute cropped up between the parties and, the victim was driven out from the house of the accused-petitioner.
I have perused the case diary as produced by learned Additional Public Prosecutor.
In my opinion, this may not be a case falling under Section 376 IPC, However, considering all aspects, I am inclined to grant anticipatory bail to the accused-petitioner as an interim measure till 19.10.2020.
Accordingly, in the event of arrest, the accused-petitioner, namely, Sri Biswajit Debbarma, may be released on bail on executing a bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the arresting authority till 19.10.2020.
However, considering the nature of the offence, I direct both the accused-petitioner and the victim girl to appear-in-person before this court on the next date.
Both Mr. P. Rathor, learned counsel for the accused petitioner and Mr. S. Debnath, learned Additional PP shall ensure the presence of the accused-petitioner and the victim girl before this court on the next date.
List the matter on 19.10.2020.
Return the case diary.