Bulbuli Ghosh And ANR v. The State Of West Bengal

16.8.2024 SL Nos. 58 Ct No. 29 SB CRM (A) 2847 of 2024 In Re : An application for anticipatory bail under Section 482 of BNSS 2023 (earlier Section 438 of the Code of Criminal Procedure, 1973) filed in connection with Patiram Police Station Case No. 160 dated of 2024 dated 14.6.2024 under Sections 306/34 of Indian Penal Code. And Bulbuli Ghosh & Anr.

Vs.

The State of West Bengal Mr. Kaushik Chowdhury Ms. Busra Khatun ... for the Petitioners Ms. Sonali Das Mr. Subjajit Chowdhury ... for the State

1. Petitioners are the parents of one Kaushik Ghosh. Kaushik Ghosh appears to have a love relationship with Srabani Mondal. The father is the de facto complainant.

2. We have heard the learned advocates for the parties.

3. Considering the statement of the witnesses including the F.I.R. lodged by Sanjit Mondal and nature of extend of complicity of the petitioners in the commission of the alleged offence and also having regard to the fact that the reason for alleged suicide appears to be disinterestedness shown by Kaushik later on, we are of the view that custodial interrogation is not required.

4. Accordingly, we direct that in the event of arrest, the petitioners namely, Bulbuli Ghosh & Kanai Ghosh shall be released on bail upon furnishing a bond of Rs.10,000/- each one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner no.2 shall meet the I.O. once in a week or as and when required. Petitioner No. 1 shall cooperate with the investigation. Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 20 th of August 2024 05:27:13 PM

5.

It is further directed that the present petitioners shall appear before the learned Chief Judicial Magistrate, Balurghat Dakshin Dinajpur in connection with G.R. Case No. 1126 of 2024 within two weeks from date and pray for regular bail.

6.

In default the Jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court 7.

Accordingly, the application for anticipatory bail is disposed of. 8.

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

SAURABH BANDYOPADHYAY High Court of Calcutta 20 th of August 2024 05:27:13 PM