Budhaswar Barikdar v. State Of West Bengal

(AD) 11.03.2022 Court No.29 (Allowed) C.R.M. (A) 1187 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.143 of 2022 dated 27/02/2022 under Sections 448/376/509/506/34 of the Indian Penal Code.

And In the matter of: Budhaswar Barikdar ....petitioner.

Mr. Asraf Mandal ...for the petitioner.

Mr. Pravash Bhattacharya Mr. Pratick Bose ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the wife of the petitioner lodged a complaint, inter alia, under Section 376 against the husband of the de facto complainant. It is thereafter that the present case was lodged as a counter-blast.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the fact that the possibility of the present police case being the counter-blast of the earlier police case lodged by the wife of the petitioner against the husband of the de facto complainant cannot be discounted and considering the materials in the case diary, 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/- (Rupees Ten Thousand Only) 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 once a month 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 prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1187 of 2022 is disposed of.

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