Nilkamal Jana v. The State Of West Bengal

Court No. 29 (266041) CRM (A) 2421 of 2024 c In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Kharagpur Police Station Case No. 240 of dated 18.03.2024 under Sections 498A/323/325/307/376D/376(2)(m)/506/34 of the Indian Penal Code, read with Sections 3/4 of the Dowry Prohibition Act, 1961 pending before the learned Additional Chief Judicial Magistrate, Contai. 05.08.2024 (A 11) (S. Banerjee) (Allowed) And In the matter of: Nilkamal Jana ...petitioner Mr. Kalidas Saha Ms. Khushi Mollick Ms. Mandira Mondal ... for the petitioner Mr. Arani Bhattacharyya ... for the State Ms. Suchismita Dutta ... for the de facto complainant

1. Heard the learned counsel for the parties.

2. Considering the statement of the victim recorded under Section 164 Cr.P.C. and the nature and extent of complicity of the present petitioner in the commission of the alleged offence as transpired from the case diary, we are of the view that custodial interrogation of the petitioner is not required.

3. Accordingly, we direct that in the event of arrest, the petitioner (Nilkamal Jana) shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whim must be local, to the satisfaction of the arresting officer and subject to the conditions as laid Signed By :

SWARUP BANERJEE High Court of Calcutta 6 th of August 2024 12:06:55 PM

down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. The petitioner shall meet the investigating officer once in a fortnight till filing of the final report and appear before the learned Additional Chief Judicial Magistrate, Kharagpur within two weeks from date.

5. The DLSA concerned shall render all possible assistance to the complainant as and when required including a competent advocate to represent her.

6. This order shall be immediately communicated to the Secretary of the DLSA, Paschim Medinipur.

7. Accordingly, the application for anticipatory bail is allowed.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Uday Kumar, J.) (Soumen Sen, J.)