Sanat Kr. Ghosh v. State Of West Bengal

CRM 3025 of 2021 23.09.2021 court no.

: 28 Item no.

: PB-193 matter : 438 status : ALLOWED transcriber : nandy In Re:- An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 25.03.2021 in connection with Ranaghat Police Station Case No. 01 of 2021 dated 04.01.2021 under Sections 341/323/325/326/34 of the Indian Penal Code.

and In the matter of: Sanat Kumar Ghosh ......Petitioner Mr. Parvej Anam, Advocate ......for the Petitioner Mr. Md. Anwar Hossain, Advocate Ms. Ratna Ghosh, Advocate ......for the State Apprehending arrest in connection with Ranaghat Police Station Case No. 01 of 2021 dated 04.01.2021 under Sections 341/323/325/326/34 of the Indian Penal Code, the petitioner has filed the instant application for anticipatory bail. Petitioner is the elder brother of the de facto complainant. It is found from the case dairy that the petitioner used to keep his minor daughter under the custody of the de facto complainant. The petitioner noticed that for the said minor daughter of his brother, the education of his own daughter was being hampered. Over the said issue, a quarrel broke out and as a result of emotional outburst, the de facto complainant was assaulted by the petitioner.

We have heard the learned Advocates for the petitioner and the learned defence Counsel. Though a case under Section 326 of the Indian Penal Code, which is non-bailable in nature, has been recorded against the petitioner, it is

ascertained from the case diary that the nature of injury received by the de facto complainant was simple. Considering such aspect of the matter we are of the view that the petitioner is entitled to be released on anticipatory bail.

Thus, the prayer of anticipatory bail is allowed. Accordingly, 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, one of whom must be local, to the satisfaction of the Additional Chief Judicial Magistrate, Ranaghat on condition as laid down under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioner shall attend the trial Court on every date of hearing until further order.

The application for anticipatory bail being CRM 3025 of 2021 is thus disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)