Rabiul Mandal @ Rabiul Mondal v. The State Of West Bengal And ANR

11.07.2024 Court No.29 Item No.42 Allowed ar CRM (A) 2342 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Thanapara Police Station Case No. 142 of 2024 dated 30.05.2024 corresponding to S.L No. 1141 of 2024 under Sections 498A/307/34 of the Indian Penal Code read with Section 9 of the Dowry Prohibition Act, 1961.

And In Re: Rabiul Mandal @ Rabiul Mondal Petitioner Mr. Dipankar Mandal Mr. Abdul Aziz Mondal For the Petitioner Mr. Anindya Sundar Chatterjee For the State

1. The affidavit filed in Court is kept with the record.

2. In spite of service, the victim is not represented.

3. Considering the materials available in the case diary and the persons similarly placed as that of the petitioner, who have been granted anticipatory bail by the learned Sessions Judge, Nadia and having regard to the fact that the injury sustained by the petitioner is not grievous in nature and the statement of the victim wherefrom no specific overt act has been attributed to the petitioner, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Rabiul Mandal @ Rabiul Mondal shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section Signed By :

AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:46:55 PM

438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating Officer once in a week or as and when called for till the submission of the final report. The petitioner shall not leave the jurisdiction of the concerned Police Station without the leave of the Investigating Officer and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia, within two weeks from date in connection with S.L No. 1141 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Sugato Majumda, J) Signed By :

AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:46:55 PM