Satish Barman And ORS v. The State Of West Bengal

13.12.2024 Sl. No.31 akd [ALLOWED] C. R. M. (A) 4381 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 05.12.2024 in connection with Haridevpur Police Station Case No.634 of 2024 dated 23.10.2024 under Sections 498A/406/506/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. (A.C.G.R. Case No.6156 of 2024) And In Re: Satish Barman & Ors.

... ... Petitioners Mr. Biswajit Manna ... ... for the petitioners Mr. Dipanjan Chatterjee Mr. Prateep Bera Mr. Santanu Talukdar Ms. Shalini Bairagi ... ... for the de-facto complainant Mr. Binay Kumar Panda Mr. Sobham Gani ... ... for the State 1.

Petitioner no.1 is the husband, petitioner no.2 is the mother-inlaw and petitioner no.3 is the brother-in-law of the victim-housewife. 2.

It is submitted on behalf of the petitioners that they have been falsely implicated due to a matrimonial dispute. Accordingly, they pray for anticipatory bail.

3.

Learned Advocate for the State opposes the prayer for anticipatory bail.

4.

Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail. He submits petitioner no.1 i.e. the husband had an illicit affair and ill-treated the wife in order to compel her to agree to a mutual divorce.

5.

We have considered the materials on record. Allegations of cruelty are general and omnibus. Present dispute arises out of an Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of December 2024 03:33:26 PM

allegation of infidelity and not demand of dowry. Be that as it may, we are of the opinion though custodial interrogation of the petitioners is not necessary, petitioner no.1 requires to cooperate with investigation including recovery of stridhan articles, if any. 6.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Satish Barman, (2) Bindu Barman & (3) Manish Barman, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 and on further condition that the petitioner no.1 shall meet the Investigating Officer once in a week until further orders. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of December 2024 03:33:26 PM