Rahim Abdur v. State Of West Bengal

CRM 1226 of 2021 21.5.2021 Court No.28 Item No. 15 (Through Video Conference) s.bhar In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 767 of 2018 dated 13.12.2018 (corresponding G.R. No. 2277/2018) under Section 498A/323/376/34 of the Indian Penal Code read with Section 3⁄4 of the Dowry Prohibition Act. And In the matter of : Rahim Abdur

...Petitioners

Mr. Arup Sarkar ...For the Petitioner.

Md. Anwar Hossain Md. Amanul Islam ...For the State.

Considering the materials available in the case diary and the fact that there is no prima facie material against the petitionerhusband under Section 376 of the Indian Penal Code, we are inclined to hold that custodial interrogation of the petitioner is not required. Charge-sheet has been submitted. Under such circumstances, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Rahim Abdur shall be released on bail upon furnishing a bond of Rs. 10000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure, 1973.

With the aforesaid observation, the application for anticipatory bail, being CRM 1226 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Suvra Ghosh, J) (Soumen Sen, J)