C. R. M. 1762 of 2020
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 14.02.2020 in connection with Hanskhali Police Station Case No. 56 of
2020 dated 31.01.2020 under Sections 498A/307/406 of the Indian Penal Code.
In Re: Bibartan Biswas Anr.
… … Petitioners
Ms. Juin Dutta Chakraborty .. Advocate
… … for the petitioners
Mr. Imran Ali .. Advocate
Mrs. Sima Biswas .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they are the husband and mother-
in-law of the victim-housewife respectively. It is further submitted that they have been
falsely implicated in the instant case.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of
allegations and as the injuries do not appear to be grievous, we are of the opinion that
custodial interrogation of the accused/petitioners may not be necessary in the facts of the
present case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Bibartan Biswas (2) Gayatri Biswas, be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees Ten thousand only) each, with two 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 and on further
condition that petitioner no.1 shall meet the Investigating Officer once in a week until
further orders. Petitioners shall appear before the Investigating Agency and hand over
their passports, if any, within a fortnight from date. In the event they do not have
passports, they shall personally appear before the Investigating Agency and furnish
affidavits to that effect within the time frame mentioned hereinabove.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)