Kartick Biswas @ Karticfk And ORS. v. State Of West Bengal And ANR

04.10.2024 SL No.18 Court No.29 (gc) (Allowed) CRM (A) 3472 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnaganj Police Station Case No. 269 of 2024 dated 27.06.2024 under Sections 498A/343/324/307/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. And In the matter of : Kartick Biswas @ Karticfk & Ors. .... Petitioners.

Mr. Snehansu Majumder ....For the Petitioners.

Mr. Pravas Bhattacharya, Mr. Shashanka Shekhar Saha ... For the State.

Ms. Dhanasree Biswas, Ms. Poulami Bose ....For the De facto Complainant.

Ms. Afreen Begum, ....For the De facto Complainant.

(appointed by the Legal Aid).

1. The report filed by the State is kept with the record.

2. The petitioner no.1 is the father-in-law, the petitioner no.2 is the mother-in-law and the petitioner no.3 is the married sister-in-law of the de facto complainant. It is submitted that the husband of the de facto complainant is in custody and the petitioners have been falsely implicated.

3. The learned Counsel for the de facto complainant in opposing the prayer for anticipatory bail has referred to the statement of the neighbours and the victim.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of October 2024 12:16:46 PM

4. 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 the statement of the victim from which it appears that she has implicated the husband of physical and mental torture and assault and having regard to the role ascribed to the present petitioners, we are of the view that custodial interrogation of the petitioners is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioners namely, Kartick Biswas @ Karticfk, Bharati Biswas and Jayanti Biswas @ Sathi, shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties of like amount 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 fortnight and the petitioner nos.2 and 3 shall cooperate with the investigation till the submission of the final report.

6. It is further directed that the petitioners shall appear before the learned Chief Judicial Magistrate, Nadia at Krishnagar in connection with G.R. Case No.3394 of 2024 on or before 8th October, 2024.

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 :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of October 2024 12:16:46 PM