Lalan Sekh And ORS v. State Of West Bengal

16.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 925 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 39 of 2023 dated 15.01.2023 under Sections 326/498A/342/376/506/323/34 of the Indian Penal Code.

And In the matter of : Lalan Sekh & ors.

...... petitioners Ms. Minoti Gomes ....for the petitioners Mr. Joydeep Roy, Mr. Amanul Islam ....for the State The de facto complainant recorded her statement subsequent to order dated March 2, 2023. In such statement, she claims that, she left the matrimonial home in a fit of rage, anger and distress. The matter between her and her husband has since been amicably resolved and she is residing with her husband in her matrimonial home in peace.

In such circumstances, we 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. Petitioner no.1, namely, Lalan Sekh and petitioner no.2, namely, Jan Ali Mondal will report before the Investigating Officer as and when called for till conclusion of investigation. Petitioner no.3, namely, Nargis Bibi shall cooperate with the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accuseds 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)