Nirmal Sardar v. State Of West Bengal

20.07.2023 (D/L 31) Ct. No.29 Allowed (SKB) CRM (A) 2598 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Habibpur P.S. Case No.104/2023 dated 25.03.2023 under Sections 498A/307/325/34 of the Indian Penal Code(G.R. No. 1799/23).

In the matter of : Nirmal Sardar ... Petitioner Mr. Sujoy Sarkar, Mr. Musharraf Alam Sk.

... for the petitioner Mr. Sujan Chatterjee ... for the State

1. Heard the learned Counsel for the parties.

2. Considered the materials placed by them including the injury report in respect of the victim, who is the daughterin-law of the present petitioner. The injury sustained by the victim is minor in nature and might be self-sustained also. Charge-sheet is stated to have been filed.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed supra and completion of investigation, it is directed that the petitioner shall surrender before the learned CJM, Malda in G.R. No.1799 of 2023 in the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court

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) 2598 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.)