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Calcutta High CourtCRM (A)/350/2026allowed

Hiranmoy Chattopadhyaya v. State Of West Bengal

2026-02-11Hon'Ble Justice Jay Sengupta3 pages

11/02/2026 D/L - 74 Court No.28 S. Kundu Allowed C.R.M.(A) 350 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Anandapur P.S case no. 26 of 2026 dated 22/1/2026 under Sections 54/82(1)/85 of the BNS.

In the matter of: Hiranmoy Chattopadhyaya

...Petitioner.

Mr. Kallol Kr. Basu Mr. Anindya Sundar Das Mr. Debapriya Samanta Mr. Jannat ul Firdous Ms. Suva Gayen ...for the petitioner.

Mr. Soubhik Mitter Mr. Suman Ganguly Ms. Rajnandini Das ...for the de-facto complainant.

Mr. B.K. Panda Mr. Sobhan Gani ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner is a film actor and the Member of the Legislative Assembly. His wife of 26 years has now alleged that the petitioner has been torturing her. It is also alleged that the petitioner has got married for the second time to a young girl. Such allegations are vehemently denied.

2. Learned senior counsel appearing for the de-facto complainant strongly opposes the prayer for anticipatory bail. He submits that there is a serious allegation of bigamy and if the social accounts of the said second wife

are to be believed, then the marriage took place when the second wife was a minor. Incidentally, second wife has also been made an accused in this case.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. However, he relies on the statement of the de-facto complainant and her daughter. According to the daughter, the petitioner had been humiliating his mother in front of strangers and did not do the duty of a father or a husband.

4. Bigamy can be prosecuted by filing a complaint before a Magistrate.

5. Considering the nature of allegations and the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

6. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O once a fortnight till submission of report in final form.

7. Accordingly, the application for anticipatory bail is allowed.

8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)