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Calcutta High CourtCRM (A)/2209/2023allowed

Raihan Sayeed v. State Of West Bengal

2023-07-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2209 of 2023 18.07.2023 SL. 7 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 334 of 2023 dated 19.05.2023 under Section 376 IPC.

And In the matter of: Raihan Sayeed ....petitioner.

Mr. Ashok Das Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. G. N. Imrohi ... for the defacto complainant.

Mr. Sudip Kumar ...for the State.

1. Heard learned Counsel for the parties.

2. The report as submitted by the I.C., Domkal P.S., DistMurshidabad, dated 16.07.2023 be taken on record.

3. It is fairly submitted at the Bar that with the intervention of the I.O. both the victim and the petitioner have got married.

4. In view of such fact, we allow this application and direct that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that the petitioner shall open a recurring deposit in the name of the victim/wife in a nationalized bank of his choice and shall deposit at least one thousand rupees per month in that deposit which shall have the benefit of auto-renewal till the period of 20 years from the date of opening.

5. It is made clear that the savings in the deposit cannot be spent by any of the party except for the benefit and welfare of the family.

6. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 2209 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)