Mousumi Ghosh And ORS. v. State Of West Bengal

17.01.2025 Sl. No.23 akd [ALLOWED] C. R. M. (A) 190 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.01.2025 in connection with Chanditala Police Station Case No.908 of 2023 dated 13.12.2023 under Sections 323/379/307/504/506/120B/34 of the Indian Penal Code. (G.R. Case No.3156 of 2023) And In Re: Mousumi Ghosh & Ors.

... ... Petitioners Sk. Jahadar Alam ... ... for the petitioners Mr. Avishek Sinha Ms. Mamata Jana ... ... for the State 1.

It is submitted on behalf of the petitioners that first petitioner is the daughter-in-law of the de-facto complainant. There is a matrimonial dispute and a criminal case was registered by the first petitioner against her husband and in-laws. In retaliation, the present case has been registered. Accordingly, they pray for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including the injury report. Injuries do not appear to be grievous or life-threatening. Possibility of false implication due to prior enmity cannot be ruled out. Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Mousumi Ghosh, (2) Madhusudan Chandra & (3) Timir Chowdhury, be released on bail upon furnishing a bond of Rs.10,000/- Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of January 2025 05:13:01 PM

(Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Uday Kumar, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of January 2025 05:13:01 PM