Julkif Hossain Molla @ Julkif Hossen Molla And ORS. v. State Of West Bengal

18.10.2024 GB/srm Crt. No.8 Sl no. 63 (Vacation Bench) C.R.M. (A) 3775 of 2024 In Re : An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 14.10.2024 in connection with Dholahat Police Station Case No.573 of 2024 dated 03.10.2024 under Sections 137(2)/140(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the matter of : Julkif Hossain Molla @ Julkif Hossen Molla & Ors. ...... Petitioners Mr. Kazi Sajjad Alam ... for the Petitioners Mr. Ashok Das ... for the State The petitioners are charged of offences under Sections 137(2)/140(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has given rise to G.R. Case No.2007 of 2024, which is pending before the learned Additional Chief Judicial Magistrate, Kakdwip, South 24 Parganas. It is the case of the petitioners that the petitioner no.1 got married to the daughter of the de facto complainant. The petitioner no.1 and the daughter of the de facto complainant are both major and have been residing as husband and wife. The petitioner nos.2 and 3, according to the petitioner no.1 are respectively his sister and brother-in-law. There is, however, a doubt as to the correctness of such statement as the cause title says otherwise.

The girl whom the petitioner no.1 claims to be his wife, is yet to be seen by the de facto complainant. There is no recording of statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the learned Magistrate.

In this state of affairs, we are not inclined to grant anticipatory bail to either of the petitioners.

The application for anticipatory bail being CRM (A) 3775 of 2024 is, thus, rejected.

(Arindam Mukherjee, J.) (Supratim Bhattacharya, J.)