← Library
Calcutta High CourtCRM (A)/748/2024allowed

Enamul Haque And ANR. v. State Of West Bengal

2024-03-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 748 of 2024 04.03.2024 ML-15 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No.324 of 2023 dated 01.11.2023 under Sections 498A/304B/302/34 of the Indian Penal Code,1860, and under Section 4 of the Dowry Prohibition Act, 1961 (G.R. Case No.5165 of 2023) And In the matter of: Enamul Haque & Anr.

....petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulumi Bose ...for the petitioners.

Mr. Ranabir Roy Chowdhury, Ld. APP Ms. Trina Mitra ... for the State.

Police filed charge sheet.

Husband is in custody.

Materials in the case diary primarily are directed to the complicity of the husband of the victim.

Since police filed charge sheet, we do not feel the need for placing any of the petitioners before us in custody at this stage. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 748 of 2024 is disposed of.

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