Paritosh Sutradhar v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 13.01.2023 Court No.1 (skb 46) CRM(A) 53 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Jaigaon Police Station Case No.256 of 2022 dated 27.10.2022 under Sections 498A/326/307 of the Indian Penal Code.

And In the matter of: Paritosh Sutradhar . .. . . . . .Petitioner.

Mr. Arnab Saha, Mr. Gourav Ganguly, Mr. Asok Sah ... For the Petitioner.

Mr. Kallol Acharjee, Mr. Tapan Bhattacharjee ... For the State.

Mr. Sudhindra Das ... for the defacto complainant.

The admitted fact is that the petitioner, being the husband of the victim girl, and the victim lady are presently residing together. The victim lady is represented in court and learned counsel reiterates the aforesaid fact and states that the victim wants to stay with the petitioner. There is, hence, no ground to secure custodial interrogation of the petitioner. We are inclined to grant the prayer for anticipatory bail. We accordingly direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties each of like amount to the satisfaction of the Arresting Officer and also to comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioner shall

join the investigation and shall not interfere with any witnesses or tamper with any evidence in any manner whatsoever.

The application for anticipatory bail being CRM(A) 53 of 2023 is allowed and disposed of in terms of the above. (SIDDHARTHA ROY CHOWDHURY, J.) (MOUSHUMI BHATTACHARYA, J.)