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Calcutta High CourtCRM (A)/541/2025allowed

Biswanath Das @ Bishu Das And ANR v. The State Of West Bengal

2025-02-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

D/L31 18.02.2025 Rohit ct.no.28 C.R.M. (A) 541 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station Case No. 1868 of 2024 dated 19.11.2024 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: 1. Biswanath Das @ Bishu Das

2. Runu Das @ Supri Das

...Petitioners

Mr. Jisan Iqubal Hossain ...for the petitioners Ms. Sayanti Santra Mr. Rajashree Tah ...for the State 1.

Heard learned Advocates for the parties.

2.

Petitioners are the parents-in-law of the deceased husband. They have been falsely implicated. They pray for anticipatory bail.

3.

Learned Lawyer for the State oppose the prayer for the anticipatory bail.

4.

We have considered the materials on record. There was a matrimonial dispute between the victim and his wife. Over this issue the victim committed suicide. Though witnesses allege petitioners being parents-in-law of the victim had tortured him, no suicide note implicating them is placed on record.

Mere ill-treatment per se would not constitute abetment to suicide.

5.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

6.

Accordingly, we direct that in the event of arrest, the petitioners viz.,1. Biswanath Das @ Bishu Das

2. Runu Das @ Supri Das be released on bail upon furnishing a bond of Rs.10,000/- 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. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)