Xxxx( Elder Brother-In-Law) (Vasur) v. State Of West Bengal And ANR

12.11.2024 Ct. No. 28 SL No. 24 SB CRM (A) 3877 of 2024 In Re: - An application for anticipatory bail under Section 482 of the B.N.S.S. 2023 in connection with Harishchandrapur P.S. Case No. 615 of 2024 dated 21.7.2024 under Sections 329(4)/64(1)/62 of the B.N.S. And In the matter of: XXX (Elder Brother-In-Law (Vasur) Mr. B. Bhattacharyya Mr. Saptanshu Pakrashy ... for the petitioner Mr. Rana Mukherjee Mrs. Shaila Arfin ...for the State

1. Petitioner submits that he is the brother-in-law of the victim lady. He has been falsely implicated in the case. He prays for anticipatory bail.

2. Learned lawyer appearing for the State opposes the prayer.

3. Inspite of notice, nobody appears for the victim.

4. We have considered the statement of the victim recorded before Magistrate. Though she alleges petitioner had attempted to rape her, statements of neighbours disclose there was an illicit relationship between the two.

5. Possibilities of false implication on this score cannot be ruled out.

6. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

7. Accordingly, we direct that in the event of arrest the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the condition as laid down under Section 482(2) of the B.N.S.S. Petitioner shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

8.

The application for anticipatory bail is, thus, allowed and disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 14 th of November 2024 06:15:10 PM