Nisith Ranjan Maity @ Nitish Ranjan Maiti And ORS. v. State Of West Bengal

C.R.M. (A) 4057 of 2023 05.10.2023 SL. 11 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 266 of 2022 dated 11.04.2023 under Sections 363/364A/365/323/384/120B IPC (corresponding to G.R. Case No. 1025 of 2022 pending before the Ld. CJM, Tamluk, Purba Medinipur).

And In the matter of: Nisith Ranjan Maity @ Nisith Ranjan Maiti & Ors.

....petitioners.

Mr. Sourav Chatterjee Mr. Soumya Nag Ms. Anwesha Mukherjee Ms. Pramita Banerjee ...for the petitioners.

Mr. Rudradipta Nandy, Ld. APP Mr. Ranadeb Sengupta ... for the State.

1. Heard learned Counsel for the parties.

2. Charge-sheet in the case is filed.

3. Victim has already been recovered and it is stated that case has been filed by present petitioner nos. 1 and 2 against the informant and her husband under Section 420 IPC after the instant incident.

4. We do not find any justification of custodial interrogation of the petitioner.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur, in G.R. Case No. 1025 of 2022 arising out of the aforesaid P.S. case within 15 days

from today. On their appearance and application for bail, they shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. Accordingly, the prayer for anticipatory bail is allowed.

7. The application being CRM (A) 4057 of 2023 is disposed of.

8. Learned Chief Judicial Magistrate, Tamluk, Purba Medinipur, is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)