Bappa Miah v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH

AT JALPAIGURI 22.12.2025 Court No.01 Item No.10 Avijit Mitra CRM (A) 796 of 2025 In Re:- An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

And In Re: Bappa Miah -Petitioner Mr. Sudip Guha ...for the Petitioner Mr. Nilay Chakraborty, ld. APP, Mr. Biswarup Roy ...for the State Apprehending arrest in connection with Sahebganj Police Station Case No.394 of 2025 dated 12.07.2025 under Sections 85/109/82(1) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Dowry Prohibition Act, the present application has been preferred.

Mr. Guha, learned advocate appearing for the petitioner submits that the dispute pertains to an incident which occurred about 7 years after the marriage. Such alleged fact was reported by way of a complaint about eight months after the alleged incident. The de facto complainant is residing at her paternal house in village Baniadaha. No specific overt act has been attributed to the petitioner and upon completion of investigation chargesheet has been submitted.

Mr. Chakraborty, learned Additional Public Prosecutor appearing for the State opposes Mr. Guha's prayer and draws

the attention of this Court to the injury report and the statements of the witnesses.

Having heard the learned advocates and considering the materials in the case diary, the nature of accusations, the injury report and the extent of complicity of the petitioner in the alleged offence, I am of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, I direct that in the event of arrest the petitioner, namely, Bappa Miah shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with a further condition that the petitioner shall not enter the jurisdiction of Baniadaha village until further orders. The application for anticipatory bail, being CRM (A) 796 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)