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Calcutta High CourtCRM/1322/2021allowed

Md. Muktar Ahammed Answari@ Md. Naim v. State Of West Bengal And ORS.

2021-05-18Hon'Ble Justice Soumen Sen,Hon'Ble Justice Suvra Ghosh2 pages

CRM 1322 of 2021 18.5.2021 Court No.28 Item No. 58 (Through Video Conference) s.bhar In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jamalpur Police Station Case No. 296 of 2020 dated 18.11.2020 under Sections 498A of the Indian Penal Code.

And In the matter of : Md. Muktar Ahammed Answari @ Md. Naim

...Petitioners

Mr. Prosenjit Mukherjee ...For the Petitioners.

Mr. S.S. Imam Mr. P. Bose ...For the State.

We have perused the petition and heard the learned counsel for the parties. It is alleged that on the basis of complaint under Section 156 (3) of the Cr.P.C., Jamalpur Police Station was directed to lodge first information report. The investigation has been started by the police station concerned. It is stated that the first information report is dated 18th November, 2020 and was lodged after 5 years of marriage. It is further alleged that the first information report records that the alleged incident of torture and demanding dowry took place on 27.5.2015.

A complaint was lodged after a lapse of 6 years. It is further submitted that his wife has filed a matrimonial suit for divorce and other reliefs.

Considering the submission made on behalf of the parties and the nature of the allegations levelled against the present petitioner, we are of the opinion that custodial interrogation of the petitioner is not required.

Under such circumstances, the anticipatory bail is allowed

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 the petitioner shall meet the Investigating Officer once in a week until further orders.

With the aforesaid observation, the application for anticipatory bail, being CRM 1322 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)