Farid Mia And ORS. v. State Of West Bengal

11.03.2025 Item No.46 Ct. No. 26 CHC Allowed C.R.M.(A) 850 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Andal Police Station Case No. 384 dated 30.10.2024 under Sections 85/316(2)/80(2)/103(1)/3(5) of the Bharatiya Naya Sanhita, 2023, pending before the Learned A.C.J.M, Durgapur.

And In the matter of: Farid Mia & Ors.

...... petitioners Mr. Amajit De, Advocate ....for the petitioners Mrs. Amita Gaur, Advocate Mr. Ratul Ghosh, Advocate ....for the State

1. Petitioner before us are in-laws of the victim.

2. Police filed charge sheet.

3. Husband is still in custody. Materials in the Case Diary does not suggest requirement of placing any of the petitioners before us in detention particularly in view of the fact that, police filed charge sheet.

4. In such circumstances, we grant anticipatory bail to the petitioners.

5. Accordingly, we direct that in the event of arrest the petitioners will 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 438(2) of the Code of Criminal Procedure, 1973 corresponding to

Section 482(2) of the BNSS, and on further condition that 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.

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