Calcutta High CourtCRM(A)/482/2025disposed

Motalep Hossain v. The State Of West Bengal

2025-07-07Hon'Ble Justice Suvra Ghosh2 pages

07.07.2025 Ct. No. 2 b.das Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction C.R.M. (A) 482 of 2025 In Re : An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Rajganj Police Station Case No. 159 of 2025 dated 19.05.2025 under Sections 85/316(2)/318(4)/351(2) of the Bharatiya Nyaya Sanhita. And In Re :

Motalep Hossain Mr. Bablu Mitra Ms. Rupa Shil ... for the Petitioner. Mr. Aditi Shankar Chakraborty Mr. Biswarup Roy ... for the State.

Learned counsel for the petitioner submits that the petitioner was forced to remain in the house of the de facto complainant after his marriage. When he refused to stay there the present complaint was lodged against him on false grounds.

Learned counsel for the State opposes the prayer. I have perused the material on record. It appears that investigation has proceeded to a considerable extent. No independent witness has been examined in course of investigation. There is also not document suggesting the alleged second marriage of the petitioner.

Considering the extent to 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 namely Motalep Hossain be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions laid down under Section 482(2) of the BNSS. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date. The petitioner shall meet the investigating officer of the case once a week till submission of charge sheet. The application for anticipatory bail is thus disposed of.

Case diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)