Minati Barman v. The State Of West Bengal

02.04.2025 Item no. 13.

Court No.1.

AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 135 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mathabhanga Police Station Case No.435 of 2023 Dated 14.08.2023 under Section 498A/326/326B/307 of the Indian Penal Code And In the matter of : Minati Barman ......Petitioner.

Dr. Arjun Chowdhury, Mr. Bappaditya Roy, Ms. Riya Agarwal, Mr. Montu Mondal ......for the Petitioner.

Mr. Tapan Bhattacharjee, Mr. Dhiman Sil ......for the State.

Mr. Sandip Guha Roy....for the Defacto complainant. 1.

The petitioner says that this case arises out of marital discord. The petitioner is the sister in law (husband' sister) of the defacto complainant. The disputes have now been settled and the defacto complainant is residing with her husband and his family for the last three months.

2.

The defacto complainant is personally present in Court and is also represented through learned lawyer, who says that it is correct that the defacto complainant is

residing with her husband's family for the last three months.

3.

Learned State Advocate says that the case diary is not available today and, therefore, he is not in a position to make any submission.

4.

I do not see any reason to defer disposal of this matter since it appears that the disputes between the defacto complainant and the accused persons have been resolved amicably.

5.

In view of the aforesaid, I am of the clear opinion that immediate custodial detention of the petitioner is unnecessary.

6.

Accordingly, in the event of arrest, the petitioner, namely MINATI BARMAN shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that she shall cooperate with the Investigating Officer till completion of investigation.

7.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 8.

The application for anticipatory bail, being CRM (A) 135 of 2025, stands disposed of.

9.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.)