Imran Shaikh And ORS v. State Of West Bengal

C.R.M. (A) 2224 of 2023 14.06.2023 Sl. 87 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Tehatta Police Station Case No. 441 of 2023 dated 02.06.2023 under Sections 498A/323/324/376/511/406/34 of the IPC. And In the matter of: Imran Shaikh & Ors.

....petitioners.

Mr. Partha Pratim Das Mr. Asraf Mandal ...for the petitioners.

Mr. Imran Ali Ms. Debjani Sahu ...for the State.

1. Heard learned Counsel for both the parties.

2. Petitioner No. 1 is the husband, petitioner Nos. 2 and 3 are father-in-law and mother-in-law respectively of the informant and petitioner No. 4 is cousin of the petitioner No. 1.

3. So far as offence under Sections 376 and 511 IPC is concerned, it is against the father-in-law (petitioner No. 2) who is alleged to have given indecent proposal to the victim and on one occasion pulled her towards his chest. Investigation is stated to have progressed substantially.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners and the fact that there is alleged a hope of compromise in matrimonial dispute and unnecessary incarceration frustrate such hope, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with Tehatta P.S. case No. 441 of 2023 dated 02.06.2023.

5. Within 3 weeks of the receipt of server copy or certified copy of this order, the petitioners are directed to appear before the I.O. alongwith a copy of such order.

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

7. The application being CRM (A) 2224 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)