Sentu Aman Biswas @ Santu Biswas And ORS v. The State Of West Bengal And ANR

07.10.2024 Court No.29 Item No. 16 Allowed ar CRM (A) 3506 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 in connection with Nakashipara Police Station Case No. 601 of 2024 dated 02.07.2024 corresponding to G.R Case No.1794 of 2024 under Sections 498A/406/324/307/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

And In Re: Sentu Aman Biswas @ Santu Biswas & Ors. Petitioners Mr. Snehansu Majumdar For the Petitioners Ms. Baishali Basu Mr. Sufi Kamal For the State

1. We have heard the learned counsel appearing for the parties.

2. Pursuant to our earlier order, Stridhan articles have been returned to the de-facto complainant in presence of the investigating agency, as it appears from the report filed by I.O.

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 also having regard to the nature of injury, which appears to be simple, and the Stridhan articles have been returned to the de-facto complainant, 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 Sentu Aman Biswas @ Santu Biswas, Pintu Biswas, Aliya Bewa Biswas @ Aleya Biswas, Reshmi Bibi Biswas @ Asmatara Khatun and Reshmi Bibi @ Tuku Molla shall be released on bail upon Signed By :

AMITAVA ROY High Court of Calcutta 8 th of October 2024 01:33:23 PM

furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023. The petitioner nos. 1 and 2 shall meet the Investigating Officer once in a fortnight till the submission of the final report and the petitioner nos. 3, 4 and 5 shall cooperate with the investigation till the submission of the final report following the female norms and on further condition that the petitioners shall appear before the learned Chief Judicial Magistrate, Krishnagar, Nadia, within 10 days from date in connection with G.R Case No. 1794 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 8 th of October 2024 01:33:23 PM