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Judgments of Supreme Court of India and High Courts

2020 Dated 31.01.2020 Under … vs In Re: Bibartan Biswas & Anr on 18 February, 2020



Sl. No.43
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.)

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