Biswanath Malik v. The State Of West Bengal

20.11.2024 Ct. No. 28 SG [ALLOWED] C. R. M. (A) 3997 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pandua Police Station Case No. 373 of 2024 dated 02.07.2024 under Sections 498A/406/323/307/34 of the Indian Penal Code.

And In Re: Biswanath Malik ... ... Petitioner Mr. Pradip Kr. Ry, Mr. Ujjal Ray.

... ... for the petitioner Mr. Shiladitya Banerje, Ms. Pinki Sarkar.

... ... for the State 1.

Petitioner submits there was a quarrel between the petitioner and his wife. He has been falsely implicated. He prays for anticipatory bail.

2.

Learned lawyer for the State contends petitioner did not cooperate with the investigation.

3.

We have considered the materials on record. Injury report does not show external injury but merely notes pain in the chest and body.

4.

In view of the aforesaid materials, possibility of an exaggerated version of assault cannot be ruled out. Hence, we are inclined to grant anticipatory bail to the petitioner subject to condition.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Biswanath Malik be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like Signed By :

SOURAV GHOSH High Court of Calcutta 22 nd of November 2024 04:57:14 PM

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 and on further condition petitioner while on bail shall meet the investigating officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

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

SOURAV GHOSH High Court of Calcutta 22 nd of November 2024 04:57:14 PM