Dip Sarkar And ORS v. The State Of West Bengal

D/L41 18.02.2025 Rohit ct.no.28 C.R.M. (A) 549 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Belgharia Police Station Case No. 42 of 2025 dated 07.02.2025 under Sections 85/316(2) of the Bharatiya Nyaya Sanhita.

And In Re: 1. Sri Dip Sarkar

2. Sri Goutam Sarkar

3. Tinku Sarkar

4. Jit Sarkar

...Petitioners

Mr. Debasis Kar ...for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sujoy Sarkar ...for the State 1.

Heard learned Advocates for the parties.

2.

Petitioner submits that petitioner no.1 is the husband and 2 to 4 are the in-laws of the victim housewife. They have been falsely implicated. They pray for anticipatory bail.

3.

Learned Lawyer for the State submits stridhan articles have not been recovered.

4.

We have considered the materials on record.

Marriage took place thirteen years ago.

matrimonial suit praying for divorce has been filed by the defacto complainant against the petitioner no.1 husband. Keeping in mind these facts we are of the opinion though custodial interrogation is not

necessary, petitioner no. 1 requires to co-operate with the investigation including recovery of stridhan articles, if any.

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. Sri Dip Sarkar 2. Sri Goutam Sarkar 3. Tinku Sarkar 4. Jit Sarkar 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 no.1 shall meet the Investigating Officer of Belgharia Police Station and co-operate with the investigation. Petitioners 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.)