Rabindranath Barman @ Ranjit Barman And ORS v. The State Of West Bengal
20.11.2024 Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4011 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patashpur Police Station Case No. 460/2024 dated 16.09.2024 under Sections 85/108/3(5) of the Bharatiya Nyaya Sanhita, 2023(G.R. Case No. 974/2024).
And In Re: Rabindranath Barman @ Ranjit Barman and Ors. ... ... Petitioners Mr. Arup Kumar Bhowmick.
... ... for the petitioners Mr. Joydeep Roy, Mr. Mamata Jana.
... ... for the State 1.
Petitioner contends they are in-laws of the victimhousewife. Incident occurred 16 years after marriage. They have been falsely implicated. They pray for anticipatory bail. 2.
Learned lawyer for the State opposes the prayer for anticipatory bail.
3.
We have considered the materials on record including the statement of the minor son of the deceased. Minor child stated her mother was assaulted by petitioner no. 1 with a wooden log on the leg and petitioner no. 2 had assaulted her in the ear. However, the post-mortem report does not reveal injuries corroborating his statement. Incident occurred 16 years after the marriage and statutory presumption under Sections 113A and 113B of Evidence Act (corresponding to Section 117 and 118 of Bharatiya Sakshya Adhiniyam, respectively) are inapplicable.
Signed By :
SOURAV GHOSH High Court of Calcutta 22 nd of November 2024 01:20:28 PM
4.
Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.
5.
Accordingly, we direct that in the event of arrest, the petitioner viz., (1) Rabindranath Barman @ Ranjit Barman, (2) Arati Barman and (3) Namita Barman 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.
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 01:20:28 PM