Reboti Khatua Maity And ORS. v. State Of West Bengal And ANR

18.06.2025 Item No.172 Ct.No.34 rc.

Party Allowed C.R.M. (A) 1891 of 2025 In Re : An Application for bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Mahishadal Police Station Case No. 152 of 2025 dated 19.04.2025.

And In Re :

(1) Reboti Khatua Maity

(2) Sangita Manna Maity

(3) Jagannath Maity

(4) Kashinath Maity ... Petitioners Mr. Golam Mastafa Mr. Tarasankar Samanta ... for the Petitioners Mr. Pravas Bhattacharya Mrs. Mamata Jana ... for the State Affidavit of service filed by the petitioners is taken on record.

Defacto complainant is not represented despite service.

Heard learned counsels for the parties.

Learned counsel for the petitioners does not press the application in so far as 3rd petitioner Jagannath Maity is concerned since he has been arrested. Learned counsel submits that the petitioners are the members of the matrimonial family of the defacto complainant. Allegations against them are general and omnibus.

Learned counsels for the State opposes the prayer.

I have considered the material on record. It is true that the allegation against the 1st and 2nd petitioners who are sisters in law of the defacto complainant is general and omnibus. However, there are specific allegations against the 4th petitioner which require his custodial interrogation. In view of the above, prayer for anticipatory bail of the 4th petitioner Kashinath Maity is rejected.

The prayer for anticipatory bail in respect of 1st and 2nd petitioners be allowed.

Accordingly, in the event of arrest the petitioners (1) Reboti Khatua Maity and (2) Sangita Manna Maity be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application for anticipatory bail is, thus, disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)