Abdul Rahaman And ANR v. State Of West Bengal And ANR

C.R.M. (A) 2370 of 2023 05.07.2023 Sl. 17 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 944 of 2022 dated 24.08.2022 under Sections 498A/379/354/34 IPC and Sections 3/4 of the DP Act and Section 4 of Muslim Women Protection of Rights on Marriage Act.

And In the matter of: Abdul Rahaman & Anr.

....petitioners.

Mr. Mazhar Hossain Chowdhury Ms. Mobashshara Alam ...for the petitioners.

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

1. Heard learned Counsel for the parties.

2. The petitioner nos. 1 and 2 are the father-in-law and motherin-law respectively of the victim wife who is a minor and was given in marriage during her minority.

3. She is alleged to have suffered the trauma of 'Triple Talak' by her husband. There is, however, some allegation against the father-in-law (petitioner no. 1) to the effect that he tried to ravish her but such allegation is quite omnibus in nature.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in the investigation, it is directed that each of the petitioner shall be released on bail in the event of their 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.

5. The petitioners are directed to appear before the I.O within 21

days from today along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 2370 of 2023 is disposed of.

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

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)