30.4.2024
SL No. 25
Ct No. 29
/SB
C.R.M. (A) 1524 of 2024
In Re: - An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure in connection with Tehatta P.S. Case No.
690 of 2023 dated 29.08.2024 under Sections 363/365/34 of the Indian
Penal Code.
And
In the matter of: Bijoy Biswas @ Bijan Biswas.
….Petitioner
Ms. Minoti Gomes
Mr. Amanul Islam
Mr. Sourav Mukherjee
…for the Petitioner
Mr. Partho Pratim Das
Mr. Raju Mondal
…for the State
1. Leave is granted to the learned Advocate-on-record for the
petitioner to correct the cause title.
2. Affidavit of service is taken on record.
3. Despite service none appears for the victim.
4. Victim recorded a statement under Section 164 of Cr.P.C. where
she states that she left the house voluntarily. She also states that
she was tortured at her paternal home. She is specific in saying that
she was not kidnapped by anyone. She says that she married the
petitioner before us and that she wants to stay at her matrimonial
home as she fears that she will be tortured at the paternal home.
5. Considering such materials in the case diary and involvement of the
petitioner as transpiring therefrom we grant anticipatory bail to the
petitioner.
6. Accordingly, we direct that in the event of arrest the petitioner shall
be released on bail upon furnishing a bond of Rs. 10,000/- with two
Signed By :
SAURABH
BANDYOPADHYAY
High Court of
Calcutta
30 th of April 2024
04:24:05 PM
2
sureties of like amount each, to the satisfaction of the arresting
officer and also be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973. The
petitioner shall appear before the Investigating Officer once in a
week till the conclusion of the investigation. The petitioner shall
appear on every date before the Jurisdictional Court on and from
the date fixed for appearance of the accused and in default the
Jurisdictional Court will pass appropriate order to secure the
presence of the petitioner in Court including cancelling the
anticipatory bail granted without further reference to this Court.
7. This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
Signed By :
SAURABH
BANDYOPADHYAY
High Court of
Calcutta
30 th of April 2024
04:24:05 PM