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Calcutta High CourtCRM (A)/2401/2023allowed

Alamat Hussain @ Alamat Hossain And ORS v. State Of West Bengal

2023-07-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray3 pages

C.R.M. (A) 2401 of 2023 13.07.2023 ML. 12 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jhalda Police Station Case No. 105 of 2023 dated 14.05.2023 under Sections 143/448/323/325/427/354/379/506 IPC.

And In the matter of: Alamat Hussain @ Alamat Hossain & Ors. ....petitioners.

Mr. Somnath Adhikary ...for the petitioners.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner no. 10 is stated to be the wife of the informant and other petitioners are stated to be the relatives of petitioner no. 10.

3. It is submitted at the Bar that there was continuous dispute between the husband and the wife and it is alleged that on the date of occurrence, all the petitioners barged into the house of the informant, outraged the modesty of his mother by pulling her saree and took Rs. 20,000/- and some jewellery forcibly.

4. The investigation is stated to have progressed substantially.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of offence and substantial progress in the investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and

proper in the facts and circumstances of the case.

6. 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.

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

8. The application being CRM (A) 2401 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.) (Apurba Sinha Ray, J.)