Md Mahabub Hossain v. State Of West Bengal And ANR

11/09/2025 D/L 22 Ct. No.28 S.Kundu C.R.M.(A) 2204 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Kaliachak police station case no. 1155 of 2024 dated 26.7.2024 under Sections 498A/323/325/34 of the IPC.

In the matter of: Md. Mahabub Hossain ... Petitioner Mr. S. Dey Mr. N.K. Roy ...for the petitioner.

Mr. Sardar Samim Imam Ms. Poulami Bose ...for the State.

1. Report filed on behalf of the State is taken on record.

2. Despite service no one appears on behalf of the de-facto complainant.

3. Heard the learned counsels for the parties.

4. Perused the case diary.

5. It has been categorically submitted on behalf of the petitioner/husband that he did not pronounce any Triple Talak. In fact, he had prayed for restitution of conjugal rights.

6. Considering the above and other materials available on record and the fact that charge-sheet has been submitted, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

7. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioner shall appear before the learned jurisdictional Court and pray for bail within four weeks from date.

8. Accordingly, the instant application for anticipatory bail is allowed.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)