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Calcutta High CourtCRM (A)/636/2023allowed

Md Mostak@Md Mustak And ORS v. State Of West Bengal

2023-02-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

16.02.2023 Serial no. 10 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 636 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 813 of 2022 dated 08.09.2022 under Sections 498A, 323, 307, 34 of the IPC and under Sections 3 & 4 of the Dowry Prohibition Act (G.R. Case No. 2494/2022) -AndIn the matter of : Md Mostak @ Md Mustak & Ors. ... ... Petitioners Mr. Sagar Saha, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, ld. APP Ms. Maushumi Sarkar, , Advocate ... ...For the State Mr. Asfak Ahammed, advocate .. ...For the de facto complainant Police filed charge sheet.

The husband was granted bail by the jurisdictional Court.

The allegations apparently are general and omnibus in nature.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall 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 the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 636 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)