Tapas Nandi v. State Of West Bengal

02.08.2023 (D/L 32) Ct. No.29 Allowed (SKB) CRM (A) 2729 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Daspur P.S. Case No.512 of 2021 dated 01.11.2021 under Sections 498A/323/313/328/307/406/ 34 of the Indian Penal Code.

In the matter of : Tapas Nandi ... Petitioner Mr. Angshuman Chakraborty, Mr. Shashanka Shekhar Saha ... for the petitioner Mr. Arijit Ganguly, Mr. Avik Ghatak ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner is the husband of the informant wife. Charge-sheet is stated to have been filed for offence under Sections 498A/323/313/328/307/406/ 34 IPC. There is allegation of administration of phosphorus poison to the victim wife by the husband but medical examination report is inconsistent with such allegation.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, 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 and completion of investigation, it is directed that the petitioner shall surrender before the

learned ACJM, Ghatal, Paschim Medinipur 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) 2729 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.)