Xxx v. State Of West Bengal And ANR

25.09.2025 Court No.28 Item No.42 tbsr Allowed CRM (A) 3086 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Balurghat P.S. Case No.537 of 2025 dated 08.08.2025 under Sections 69/351(2) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: XXXX ....Petitioner.

Mr. Ayan Bhattacharjee Mr. Sayan Kanjilal ...for the petitioner.

Ms. Faria Hossain Ms. Mousumi Sarkar .....for the State.

Report filed on behalf of the State is taken on record. Heard the learned counsels for the parties.

Perused the case diary.

Considering the materials available in the case diary and the fact that no divorce had taken place between the victim and her husband and in such circumstance the petitioner, the brother-in-law of the victim, could not have validly married the alleged victim and the fact that there was some kind of relationship between the two for some time, 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 condition that the petitioner shall cooperate with investigation, shall meet the I.O. once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)