Durga Das v. State Of West Bengal

11.07.2025 Court No.28 Item No.19 ssi CRM (A) 2166 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Jamuria PS Case No.169 of dated 14.04.2025 under Sections 85/115(2)/117(2)/118(2)/316(2)/351(2) of the BNS, 2023. And In the matter of: Durga Das ....Applicant/Petitioner.

Mr. Robiul Islam Mr. Raju Mondal ...for the petitioner Mr. Bidyut Kr. Roy Mr. Tirthankar Dhali ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the de facto complainant. The marriage took place 33 years ago. The victim fell down and injured a hand and now she is blaming the husband for causing such injury.

Learned counsel appearing on behalf of the State relies on the case diary and points to the statement of the victim as well as the injury report.

Considering the materials available in the case diary and the fact that there was no complaint made earlier by the victim for the entire length of marriage, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 conditions that the petitioner shall not threaten or intimidate witnesses and shall cooperate with investigation. The petitioner shall meet the I.O. once a week till submission of report in final form. The petitioner shall stay outside the jurisdiction of Jamuria Police Station for a period of six months from this date, except for attending Court or meeting the Investigating Officer.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)