Supriyo Ghatak v. State Of West Bengal And ANR

08.01.2025 Sl. No.30 as/tkm C. R. M. (A) 4491 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Women Police Station Case No.162 of 2024 dated 19.11.2024 under Sections 69/74/115(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.6178 of 2024) And In Re: Supriyo Ghatak ... ... Petitioner Mr. Jisan Iqubal Hossain ... ... for the petitioner Mrs. Sukanya Bhattacharyya Mr. Atanu Ghosh ... ... for the State Mr. Somnath Adhikary ... ... for the de facto complainant

1. Heard learned lawyers for the parties.

2. Inadvertent typographical error had crept in the order dated 19.12.2024.

3. In the cause title of the order name of the State advocate "Mr. Atanu Das" be read as "Mr. Atanu Ghosh".

4. We have considered the materials on record. Victim was a major lady at the time of cohabitation.

Whether cohabitation was out of love and affection or due to false promise of marriage requires to be assessed at the appropriate stage of the proceeding. There is no chance of abscondence.

5. Under such circumstances we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and he may be granted anticipatory bail.

6. Accordingly, we direct that in the event of arrest, the petitioner shall 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 BNSS 2023 and on further condition that petitioner while on bail shall meet the investigating officer once in a week until further orders.

7. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

8. The application being CRM (A) 4491 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)