Suman Bhowmick v. The State Of West Bengal

09.09.2024 SL No.50 Court No.29 (gc) (Allowed) CRM (A) 3180 of 2024 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, 2023 filed in connection with Barasat Police Station Case No.357 of 2024 dated 19.06.2024 under Sections 498A/307 of the Indian Penal Code.

And In the matter of : Sri Suman Bhowmick - Petitioner.

Mr. Aniruddha Bhattacharya, Mr. Indranuj Dutta, Ms. Benazir Sheikh ....For the Petitioner.

Mr. Imran Ali, Ms. Pinki Sarkar ... For the State.

Mr. Arnab Chatterjee, ...For the De facto Complainant.

1. Heard the learned Counsel for the parties.

2. The petitioner is the husband. It is alleged that due to birth of two children, the de facto complainant was ill-treated by the petitioner and her in-laws.

3. The learned Counsel for the de facto complainant has submitted that due to physical and mental torture, she consumed poison.

4. The petitioner is married to the de facto complainant for the last 16 years. The second child was born in the year 2016. We have also considered the nature of injuries sustained by the de facto complainant which does not appear to be grievous in nature.

5. Considering the relationship between the parties and the nature and extent of complicity of the petitioner in the commission of Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 10 th of September 2024 02:50:33 PM

the alleged offence, we are of the view that custodial interrogation of the petitioner is not necessary.

6. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sri Suman Bhowmick, 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 subject to the conditions as laid down under Section 438(2) of the Cr.P.C, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall meet the I.O. once in a week till the submission of the final report.

7. It is further directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with G.R. Case No.2397 of 2024 within two weeks from date.

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

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

GURUPADA CHAKRABARTY High Court of Calcutta 10 th of September 2024 02:50:33 PM