Rana Sarkar v. State Of West Bengal

08.06.2022 tkm/ct 28 C.R.M. (A) 2423 of 2022 sl no. 118 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dhantala P.S case no. 233 of 2022 dated 20.4.2022 under sections 498A/325/308/34 of the IPC And Allowed In Re : Rana Sarkar ...... petitioner Mr. S K Das Ms. R Sreemani ...... for the petitioner Ms. Sreyashee Biswas ...... for the State It is submitted on behalf of the petitioner that there was a dispute over visitation rights of the petitioner to his minor child. He has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. Allegation of assault requires to be assessed in the light of the aforesaid submission relating to dispute over visitation rights of the petitioner to the minor child of the couple.

Keeping in mind the aforesaid facts and as the injury appears to be simple and superficial, we are inclined to 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/- 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 while on bail

shall meet the investigating officer once in a week until further orders.

Petitioner shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2423 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)