Bhudeb Chandra Dutta And ANR. v. State Of West Bengal
16.07.2025 SL.60 Ct.No.28 NB CRM (A) 2266 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bankura Women P.S. Case No.49 of 2025 dated 16.05.2025 under Sections 85/117(2)/109/351(2)/351(3)/127(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
And In the matter of : Bhudeb Chandra Dutta & Anr. ...petitioners Mr. Soumik Ganguli.
...for the petitioners.
Ms. Amita Gaur, Ms. Sana Naaz.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the aged parents in law of the alleged de facto complainant/victim. The marriage between the couple took place 14 years ago. A differently abled son was born to the couple who is now being taken care of by the present petitioners. The daughter born thereafter is with the mother who is now staying at the first floor of the petitioners' house. The prime accused is the husband who is not before this Court.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the case diary and points to the statements of witnesses and the injury report, which does not show any grievous injury.
Considering the nature of allegations and the materials available in the case diary and the alleged roles ascribed to each of
the petitioners, I do not think that custodial interrogation of the petitioners are required in this case and I am inclined to grant anticipatory bail to the petitioners.
Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and the petitioner no.1 shall meet the Investigating Officer as and when required and shall not threaten or intimidate witnesses whatsoever.
The application for anticipatory bail being CRM (A) 2266 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)