Mosaraf Hosaain @ Mosarop Hossain And ANR v. State Of West Bengal

15.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1062 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Paikar Police Station Case No. 23 of 2023 dated 25.01.2023 under Sections 498A/323/324/325/307/406/34 of the Indian Penal Code read with Sections 3/ 4 Dowry Prohibition Act.

And In the matter of : Mosaraf Hossain @ Mosarop Hossain & anr. ...... petitioners Mr. Bitasok Banerjee, Mr. Abdus Salam ....for the petitioners Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Aniket Mitra ....for the State Police filed chargesheet.

Petitioner no.1 is the husband. Petitioner no.2 is married sister-in-law.

There is an injury report of the de facto complainant. In view of the involvement of the petitioner no.1 in the incident, we are unable to grant anticipatory bail to him. So far as the second petitioner is concerned we grant anticipatory bail to the petitioner no.2.

Accordingly, we direct that in the event of arrest the petitioner no.2, namely, Julekha Bibi 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 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 petitioner no.2, namely, Julekha Bibi shall cooperate with the investigation and on further condition that the petitioner no.2, namely, Julekha Bibi 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 petitioner no.2, namely, Julekha Bibi 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.)