Calcutta High CourtCRM (A)/324/2022allowed

Abu Bakkar Mia v. State Of West Bengal

2022-01-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 324 of 2022 (Via Video Conference) (AD) 28.01.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No.365 of 2021 dated 13/09/2021 under Sections 419/376/328/506/34 of the Indian Penal Code, 1860. And In the matter of: Abu Bakkar Mia ....petitioner.

Mr. Jayanta Narayan Chatterjee Mr. Dwaipayan Biswas Ms. Moumita Pandit Mr. Nazir Ahmed Ms. Jayashree Patra Ms. Pritha Sinha ...for the petitioner.

Mr. Imran Ali Ms. Sujata Das ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complaint is a result of the previous relationship going sour. He submits that the petitioner complied with the order of imposition of costs passed by the Court. He submits that the petitioner also paid the costs as directed by the jurisdictional Court.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure of the victim as also the medical report.

Considering the statement recorded under Section 164 of the Code of Criminal Procedure of the victim and since the victim

acknowledges the previous relationship to the extent of claiming that a marriage was registered, we grant anticipatory bail to the petitioner.

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 sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer as and when called for till the conclusion of the investigation and that the petitioner shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. (A) 324 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)