Ramen Modak v. The State Of West Bengal And ANR

08.07.2025 Item No.24 Ct.No.02 rc.

Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 441 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tufanganj Police Station Case No. 903 of 2024 dated 20.11.2024.

And In Re :

Ramen Modak ... Petitioner Mr. Hillol Saha Poddar ... for the Petitioner Mr. Kallol Acharjee Mr. Aniruddha Biswas ... for the State Report submitted by the State is taken on record. The defacto complainant/ victim is not represented despite service.

Heard learned counsels for the parties.

The written complaint is a result of consensual relationship between the parties which turned sour subsequently. The defacto complainant has stated in her statement recorded under Section 164 of the Code of Criminal Procedure that the petitioner refused to marry her after being in a love relationship with her for about two

years. Though the petitioner agrees to marry her now, she has refused the said proposal.

The defacto complainant being a major, was aware of the consequences of the relationship all throughout. Considering the material on record and extent of complicity of the petitioner in the alleged offence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest, the petitioner Ramen Modak be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

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

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)