Bithika Pramanik And ANR. v. State Of West Bengal

16.04.2025 Court No.28 Item No.35 tbsr Allowed CRM (A) 1206 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta P.S. Case No.147 of 2025 dated 26.02.2025 under Sections 329(4)/117(2)/115(2)/110/303(2)/351/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Bithika Pramanik & Anr.

....Petitioners.

Mr. Siddhartha Sankar Mandal Ms. Arunima Das Sharma ...for the petitioners.

Mr. Saibal Bapuli Ms. Baishakhi Chatterjee .....for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are not the prime accused in this case. This is a dispute between two families, which resulted in the unfortunate incident. There was a delay of about six days in lodging the FIR. Similarly circumstanced co-accused were granted anticipatory bail by this Court on 4th April, 2025 in CRM (A) 1094/2025. Learned counsel appearing on behalf of the State opposes the prayer and submits that there is a fracture injury on the rib of the victim. There are statements in support of the prosecution case. It appears from the case diary that according to the statements of the injured victim, the main blow on the head of the victim was given by one Prakash Pramanick.

In view of the role ascribed to the present petitioners in the commission of the alleged offences, the materials available in the case diary and the fact that this Court had earlier granted anticipatory bail

to similarly circumstanced accused, I do not think that custodial interrogation of the present petitioners is required in this case. 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, one of whom must be local, 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, 2023 and on further condition that the petitioners shall not threaten or intimidate witnesses and shall co-operate with investigation. The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)