Calcutta High CourtCRM(A)/294/2024allowed

Bishwanath Barman v. The State Of West Bengal

2024-04-25Hon'Ble Justice Soumen Sen,Hon'Ble Justice Partha Sarathi Sen2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 25.04.2024 AT JALPAIGURI Court No.01 Item No. 17 Allowed sg CRM (A) 294 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sahebganj Police Station Case No. 540 of 2023 dated 24.12.2023 under Sections 448/376/511/506 of the Indian Penal Code.

And In Re: Bishwanath Barman.

Petitioner Mr. Subhasish Misra Mr. Satyajit Paul For the Petitioner Mr. Ujjwal Luksom Ms. Sukanya Adhikary For the State

1. It is submitted on behalf of the petitioner that the allegation made out in the FIR is out and out false and there occurred seven days in filing the written complaint. It is further submitted that the victim is a married lady.

2. The learned Counsel for the State opposes the prayer for anticipatory bail.

3. We have minutely gone through the written complaint as filed in this case as well as the statement of the victim as recorded under Section 164 of the Code of Criminal Procedure. We notice that there is/are excessive exaggeration(s) in the statement of the victim as recorded under section 164 Cr.P.C.

4. In view of such exaggeration, we are, prima facie, of the view that the present accused petitioner is successful in making out a case in obtaining favourable order.

5. Accordingly, we direct that in the event of arrest, the petitioner, Bishwanath Barman, shall be released on bail upon furnishing a bond of Rs.2,000/-, with

one registered sureties of like amount 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.

6. However, we direct the present accused petitioner to meet the Investigating Officer as and when called for.

7. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

8. CRM (A) 294 of 2024 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)