Bapi Mandal @ Bapi Mondal v. State Of West Bengal

07.08.2023 (D/L 70) Ct. No.29 Allowed sdas CRM (A) 2827 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Malda P.S. Case No. 235 of 2023 dated 07.05.2023 under Sections 498A/325/308/34 of the Indian Penal Code and read with adding Sections 3 and 4 of the Dowry Prohibition Act.

In the matter of : Bapi Mandal @ Bapi Mondal ... petitioner Mr. Kalidas Saha ... for the petitioner Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Partha Pratim Das, Ms. Eshita Dutta.

... for the State

1. Heard the learned Counsel for the parties.

2. Considered the materials placed by them including the statement of the victim and injury report in respect of her. The victim is opined to have suffered a scratch mark in her body. Petitioner is the husband of the victim.

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, 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 substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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.

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

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 2827 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

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