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Calcutta High CourtCRM (A)/182/2025allowed

Md. Mukshif Mia v. The State Of West Bengal

2025-01-17Hon'Ble Justice Jay Sengupta2 pages

17.01.2025 as [ALLOWED] C. R. M. (A) 182 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabagram Police Station Case No. 529 of dated 06.11.2024 under Sections 85/82(1)/117(2)/74/316(2) of BNS, 2023 and Sections 3/4 of Dowry Prohibition Act.

In Re: Md. Mukshif Mia.

... ... Petitioner Mr. Supriya Mahajan.

... ... for the Petitioner Mr. Arindam Sen, Mr. Debarshi Brahma.

... ... for the State 1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is the husband of the victim lady. He contends he was posted at Manipur and allegations of torture are primarily against the inlaws. Prayer for anticipatory bail of brother-in-law of the victim was turned down as he had outraged her modesty. Petitionerhusband does not stand on the same footing. Allegations against him are general and omnibus. He was away at his place of work at the time of the incident.

3.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Md. Mukshif Mia be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also Signed By : ALOK SETH High Court of Calcutta 17 th of January 2025 05:57:05 PM

subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition petitioner while on bail shall meet the Investigating Officer once in a month until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Uday Kumar, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 17 th of January 2025 05:57:05 PM