Rivu Sarkar And ORS v. The State Of West Bengal

18.11.2024 Ct. No. 28 SG [ALLOWED] C. R. M. (A) 3938 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. Case No. 2109 of 2024 arising out of Goghat Police Station Case No. 486 of 2024 dated 24.10.2024 under Sections 85/117(2)/109/75/316(2)/351(2)/79 of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Rivu Sarkar and Ors.

... ... Petitioners Mr. Niladri Sekhar Ghosh, Ms. Souparna Chatterjee, Mr. Saurav Mondal, Ms. Labani Sikder, Mr. Rony Mondal.

... ... for the petitioners Mr. Kunal Ganguly.

... ... for the State Mr. Suvodip Bhattacharjee.

... for the de facto complainant 1.

Petitioner no. 1 is arrested. Accordingly, application for anticipatory bail is not pressed so far as he is concerned. 2.

Heard learned lawyers for the parties.

3.

We have considered the materials on record. Allegations against the in-laws are general and omnibus. Husband has already been taken into custody. Under such circumstances, we are of the opinion custodial interrogation of the petitioners for progress of investigation is not necessary and they may be granted anticipatory bail.

4.

Accordingly, we direct that in the event of arrest, the petitioners viz., Tarun Sarkar, Atasi Sarkar, Lakshan Sarkar @ Lakshman Sarkar, Laxmi Sarkar @ Laksmi Sarkar & (6) Signed By :

SOURAV GHOSH High Court of Calcutta 21 st of November 2024 11:19:54 AM

Ritam Sarkar be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 21 st of November 2024 11:19:54 AM