Calcutta High CourtCRM (A)/825/2024allowed

Monirul Sk. @ Manirul Islam v. State Of West Bengal And ANR

2024-03-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

11.03.2024 Item No.4 Ct. No. 29 CHC Allowed C.R.M.(A) 825 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 564/2023 dated 19/12/2023 under Sections 498A/328/307/506/34 of the Indian Penal Code, Section 4 of DP Act with adding Section 304B of IPC. And In the matter of : Monirul Sk. @ Manirul Islam ...... petitioner Ms. Chandrima Debnath ....for the petitioner Mr. Arijit Ganguly, Ms. Mayukhi Mitra ....for the State Affidavit-of-service filed in Court be taken on record. None appears for the de facto complainant.

Apparently, petitioner before us removed the victim to the hospital.

Statement of the victim recorded under Section 161 of the Criminal Procedure Code does not ascribe any overt act so far as the petitioner is concerned in the assault meted out to her. In such circumstances, 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 11 th of March 2024 06:33:08 PM

condition that the petitioner will report before the Investigating Officer once in a week till the conclusion of investigation and on condition that the petitioner 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 in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 825 of 2024 is disposed of.

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