Calcutta High CourtCRM (A)/957/2025allowed

Srikanto Mahato v. State Of West Bengal

2025-03-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Smita Das De2 pages

20.03.2025 Serial no. 37 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 957 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kenda Police Station Case No. 66 of 2024 dated 27.09.2024 under Sections 498A/494/313/34 of Indian Penal Code, 1860 and Section 04 of Dowry Prohibition Act. pending before learned CJM, Purulia.

-AndIn the matter of : SRIKANTO MAHATO ... ... Petitioner Ms. Minoti Gomes, Mr. Falguni Bandyopadhyay, Ms. Riya Ballav, Advocates ... ... For the Petitioner Mr. Parthapratim Das, Ms. Rahul Ganguly , Advocate ... ...For the State

1. Petitioner before us is the husband.

2. Police filed charge sheet.

3. Apparently, there was matrimonial discord between the de facto complainant and the petitioner over a point of time. Written complaint was made in 2024 with the de facto complainant living separately in 2016. Petitioner applied for restitution of conjugal right before the jurisdictional Court.

4. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

6. Prayer for anticipatory bail of the petitioner is allowed.

7. CRM (A) 957 of 2025 is disposed of.

(Debangsu Basak, J.) (Smita Das De, J.)