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Calcutta High CourtCRM (A)/2531/2023allowed

Mohammad Sukru @ Md Sukru v. State Of West Bengal

2023-07-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

18.07.2023 (M/L 133) Ct. No.29 Allowed (SKB) CRM (A) 2531 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P.S. Case No.109 of 2023 dated 09.02.2023 (corresponding to G.R. No.351 of 2023)under Sections 498(A)/323/354/308/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Mohammad Sukru @ Md. Sukru ... Petitioner Ms. Roma Roy ... for the petitioner Mr. Joydeep Roy, Mr. Amanul Islam ... for the State

1. Heard the learned Counsel for the parties.

2. The injury report prima facie does not make out an offence under Section 308 IPC. Charge-sheet is stated to have been filed.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, completion of investigation and the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society, it is directed that the petitioner shall surrender before the learned ACJM, Chanchal, Malda, in G.R. No.351 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and

application for bail, he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. The application being CRM(A) 2531 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

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