Calcutta High CourtCRM (A)/3607/2022allowed

Md. Mosaddek @ Mussadik And ORS v. State Of West Bengal

2022-07-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

29.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3607 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 121 of 2022 dated 21.03.2022 under Sections 498A/376/511 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And In Re : Md. Mosaddek @ Mussadik & Ors.

...... petitioners Mr. Mrityunjoy Chatterjee Md. G. N. Imrohi Mr. S. Bhattacharya Mr. D. Majumdar Mr. P. Hazra ....for the petitioners Mr. Avishek Sinha ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband was taken into custody. He highlights the delay in the lodgment of the First Information Report (FIR). Learned advocate appearing for the State draws the attention of the Court to the statement of the de-facto complainant recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 2 (Marzina Bibi @ Argina Bibi), 3 (Sarbina Khatun) and 5 (Sarifan Bibi) shall cooperate with the Investigating Officer till the conclusion of the investigation and petitioner nos. 1 (Md. Mosaddek @ Mussadik), 4 (Md.

Jiyaul Hoque) and 6 (Sanaullah) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)