Jharo Biswas @ Jhuru And ORS v. The State Of West Bengal

23.09.2024 SL No.14 Court No.29 (gc) (Allowed) CRM (A) 3412 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ranaghat Police Station Case No.518 of 2024 dated 21.06.2024 under Section 306 of the Indian Penal Code.

And In the matter of : Jharo Biswas @ Jhuru & Ors. - Petitioners.

Ms. Sananda Bhattacharyya ....For the Petitioners.

Mrs. Sukanya Bhattacharya, Mr. Amanul Islam ... For the State.

1. Heard the learned Counsel for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and also having regard to the nature of the complaint that is the petitioners have created undue pressure upon the son of the de facto complainant for transfer of the ancestral property in their name, we are of the view that the allegations against the present petitioners are omnibus and general in nature for which custodial interrogation of the petitioners is not necessary. The post-mortem report, prima facie, also shows that death was due to effect of hanging and ante mortem in nature.

3. Accordingly, we direct that in the event of arrest, the petitioners namely, Jharo Biswas @ Jhuru, Nirmala Biswas and Jhuma Biswas, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 24 th of September 2024 12:58:25 PM

each, 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 no.1 shall meet the I.O. once in a week and the petitioner nos.2 and 3 shall cooperate with the investigation till the submission of the final report.

4. It is further directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia in connection with G.R. Case No.2720 of 2024 within 10 days from date.

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

6. 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 :

GURUPADA CHAKRABARTY High Court of Calcutta 24 th of September 2024 12:58:25 PM