Subrata Mallick @ Mullick And ORS. v. State Of West Bengal And ANR

12.03.2025 Ct. No. 26 S.D.

Allowed C.R.M.(A) 768 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kalyani Police Station Case No. 67 of 2025 dated 27.01.2025 under Sections 69/126(2)/115(2)/79/3(5) of the B.N.S., 2023 pending before the learned Additional Chief Judicial Magistrate, Kalyani, District - Nadia. And In Re : Subrata Mallick @ Mullick & Ors.

...... petitioner Mr. Shibaji Kumar Das .....for the petitioners Ms. Shreyasi Biswas, Sr. Govt. Adv., Mr. Ronit Mukherjee ...for the State Mr. Subhrajyoti Ghosh ...For the defacto complainant State informed the defacto complainant pursuant to the order dated March 5, 2025 passed by the Coordinate Bench. Petitioner, State and the defacto complainant are represented.

Defacto complainant recorded a statement under Section 183 of the B.N.S.S., 2023, where she claims that she entered into a marriage with the petitioner no. 1 before us despite subsistence of her marriage with another person. Both the petitioner no. 1 and the defacto complainant are adults.

Defacto complainant refused medical examination. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall 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 be subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023. The petitioner nos. 1 and 2 will report before the Investigating Officer once a month till the conclusion of the investigation. The petitioner no. 3 will cooperate with the investigation till the conclusion of the investigation. The petitioners shall appear on every date before the Jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Smita Das De, J.)