Achintya Kumar Dutta v. State Of West Bengal

11.08.2025 Item No.29 Ct. No. 446 PG C.R.M.(A) 2751 of 2025 In Re:- An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bankura Women Police Station 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 Naya Sanhita, pending before the Court of the Learned Chief Judicial Magistrate, Bankura. And In the matter of : Achintya Kumar Dutta. ...... petitioner Mr. Soumik Ganguli Ms. Chandana Chakraborty ....for the petitioner Ms. Sujata Das Ms. Suruchi Saha ....for the State

1. Heard the submissions of both the learned advocates.

2. Perused the materials in the case diary.

3. On careful consideration of the materials in the case diary, specifically the statement made by various witnesses it is seen that a matrimonial discord exists between the parties for which all other proceedings are pending. Furthermore, pursuant to the direction of the Court of the Judicial Magistrate, the de facto complainant is residing on the 1st floor of the same house, where the present petitioner is residing.

4. A dispute cropped up with regard to the maintenance of the spastic child. Be that as it may, on perusal of the injury report at page 21 of the case diary, the nature of

allegation levelled against the present petitioner, who is the husband, this Court is of the view that benefit of section 482(2) of BNSS may not be extended in favour of the husband/petitioner. Hence the prayer for anticipatory bail is rejected.

(Chaitali Chatterjee (Das), J.)