Chaitanya Patra @ Chitanya Patra And ANR v. The State Of West Bengal
01.10.2024 SL No.22 Court No.29 (gc) (Allowed) CRM (A) 3496 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dantan Police Station Case No.323 of 2023 dated 14.10.2023 under Sections 498A/304B/306/34 of the Indian Penal Code. And In the matter of : Chaitanya Patra @ Chitanya Patra & Anr. - Petitioners.
Mr. Navanil De, Mr. Srinjan Ghosh ....For the Petitioners.
Mr. Arindam Sen, Ms. Sana Naaz ... For the State.
1. The petitioners are the brother-in-laws of the victim lady.
2. The learned Counsel for the State submits that the husband of the victim was arrested and presently is in custody. The mother-inlaw and the father-in-law on surrender were granted bail by the learned jurisdictional court.
3. 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 allegations against the present petitioners appear to be general and omnibus in nature and they are similarly placed as that of the mother-in-law and the father-in-law who have been enlarged on bail and moreover, charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioners is not necessary.
4. Accordingly, we direct that in the event of arrest, the petitioners namely, Chaitanya Patra @ Chitanya Patra and Ganesh Patra, shall be released on bail upon furnishing a bond of Rs.10,000/- Signed By :
GURUPADA CHAKRABARTY High Court of Calcutta 1 st of October 2024 06:58:08 PM
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.
5. It is also directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Dantan, Paschim Midnapore in connection with G.R. Case No.871 of 2023 within 10 days from date.
6. Accordingly, the application for anticipatory bail is disposed of.
7. 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 1 st of October 2024 06:58:08 PM