Calcutta High CourtCRM(A)/709/2025allowed

Asaraddin@Asaruddin@Osuruddin Miya And ANR v. The State Of West Bengal

2025-09-10Hon'Ble Justice Dinesh Kumar Sharma3 pages

10.09.2025 Sl. no. 28 Ct. No. 3 P.M.

(Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (A) 709 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhupguri Police Station Case No. 236 of 2025 dated 27.06.2025, under Sections 126(2)/118(2)/109(1)/3(5) of the B.N.S. 2023 and read with Section 24 of Maintenance Welfare Parents Act, 2007.

In the matter of : Asaraddin @ Asaruddin @ Osuruddin Miya & Anr.

... petitioners Mr. Bikash Singha .....for the Petitioners.

Mr. Kallol Acharjee, Mr. Saikat Chatterjee, Mr. Chattu Roy ......for the State.

1. Learned counsel for the petitioners submits that the complaint has been lodged by the sister of the petitioner alleging therein that the petitioner has assaulted the father.

2. Learned counsel submits that other coaccused have already been admitted to anticipatory bail by the learned Sessions Judge.

3. Learned Counsel for the State has fairly submitted that the injuries are simple in nature.

4. Pursuant to the First Information Report indicates that the predominantly allegation against the petitioners and members of his family were that they ill-treated their father.

5. Thus taking into account and the facts and circumstances of this case, if Investigating Officer feels necessary of effecting the arrest of the petitioners they be admitted to anticipatory bail by furnishing personal bond of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of like amount each, one of whom shall be local, to the satisfaction of the Investigating Officer, subject to the conditions that petitioner shall join the investigation and petitioner shall not visit the house of his father and subject to the condition as laid down under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and subject to the condition that the petitioner shall join the investigation as and when directed by I.O.

and on further condition not to threaten or intimidate witnesses and to attend the jurisdictional Court on dates fixed.

6. The application for anticipatory bail being CRM (A) 709 of 2025 is, thus, allowed.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Dinesh Kumar Sharma, J.)