Basu Bhuniya @ Basudeb Bhunye v. The State Of West Bengal

22.05.2024 Item No.5 & 24 Ct. No. 3 CHC Allowed C.R.M.(A) 1732 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shyampur Police Station Case No. 596 of 2023 dated 22.12.2023 under Sections 306/34 of the Indian Penal Code 1860, pending before the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah.

And In the matter of : Basu Bhuniya @ Basudeb Bhunye ...... petitioner with C.R.M.(A) 1755 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shyampur Police Station Case No. 596 of 2023 dated 22.12.2023 under Sections 306/34 of the Indian Penal Code 1860, pending before the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah.

And In the matter of : Barsha Bhuniya being represented by mother Krishna Bhuniya @ Krishna Bhuiya ...... petitioner Mazahar Hossain Chowdhury ....for the petitioner in CRM(A) 1732/2024 and CRM(A) 1755/2024 Mr. Rana Mukherjee, Ld. A.P.P.

Mr. Suman Saha ....for the State in CRM(A) 1732/2024 Ms. Sreyashi Biswas, Mrs. Manasi Roy ....for the State in CRM(A) 1755 of 2024 Two applications for anticipatory bail are taken up analogously as they emanate out of the same police case. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 22 nd of May 2024 05:03:00 PM

Post Mortem Report of the victim suggests that, the victim committed suicide.

As to whether, they are involved in the abetment to commit suicide may be decided at the trial.

In such circumstances, we grant anticipatory bail to the petitioner, namely, Basu Bhuniya @ Basudeb Bhunye in CRM(A) 1732 of 2024.

In respect of petitioner, namely, Barsha Bhuniya being represented by mother Krishna Bhuniya @ Krishna Bhuiya in CRM(A) 1755 of 2024 is dismissed as not maintainable, si9nce she is a minor. We are bound by the judgment of the coordinate Bench holding that an application for anticipatory bail is not maintainable at the behest of a minor. Accordingly, we direct that in the event of arrest the petitioner, namely, Basu Bhuniya @ Basudeb Bhunye in CRM(A) 1732 of 2024 shall be released on bail upon furnishing a bond of Rs.

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.

This application for anticipatory bail in respect of the petitioner, namely, Basu Bhuniya @ Basudeb Bhunye in CRM(A) 1732 of 2024 is, thus, allowed.

CRM(A) 1732 of 2024 and CRM(A) 1755 of 2024 are disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)