Sunil Prasad v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 10.03.2023.

20.

as (Allowed).

C.R.M. (A) 183 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhaktinagar P. S. Case No.74 of 2023 dated 02.02.2023 under Sections 341/324/326/506 of the Indian Penal Code. In the matter of : Sunil Prasad.

... Petitioner.

Mr. Sudip Guha, ...for the Petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das, Mr. Kallol Nag.

.....for the State.

Petitioner submits there was a tiff between two lovers. Skirmish followed. He had no intention to injure the victim. He prays for anticipatory bail.

Learned Advocate for the State opposes the prayer for anticipatory bail. He submits victim suffered fracture injury in the little finger.

We have considered the materials on record. There was a love affair between the parties. A quarrel ensued. Petitioner had bitten the victim in the little finger.

Keeping in mind the aforesaid facts, we are of the opinion custodial interrogation of the petitioner for progress

of investigation is not necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners viz., Sunil Prasad 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)