Biswajit Haldar v. State Of West Bengal

08.10.2021 Item no.2.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 3420 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 16.04.2021 in connection with Nakashipara Police Station Case No.382 of 2018 Dated 28.07.2018 under Sections 498A/307/34 of the Indian Penal Code And In the matter of : Biswajit Haldar ......Petitioner. Mr. Prabir Majumdar, Mr. S. Majumdar ......for the Petitioner.

Mr. S. G. Mukherjee, ld. PP, Mr. T. K. Ghosh, Mr. Arindam Sen ......for the State.

The petitioner is the husband of the victim lady. The allegations are under Sections 498A/307/34 of the Indian Penal Code.

On the last occasion, at the instance of learned Advocate for the petitioner, we had called for a report from the Investigating Officer as regards whether or not the petitioner and his wife have patched up and are living together as was submitted by learned Advocate for the petitioner. Today, such report has been filed. Let the same be kept with the record.

From the report, we find that the petitioner is correct. The petitioner and his wife are residing together. In that view of the matter, we see no reason to refuse the petitioner's prayer for anticipatory bail. Accordingly, in the event of arrest, the petitioner, namely Biswajit Haldar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders and on further conditions that the petitioner shall report to the Investigating Officer once in a fortnight until further orders. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.3420 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)