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Calcutta High CourtCRM (A)/2912/2023allowed

Sartha Bhattacharyya @ Bhattacharya v. State Of West Bengal

2023-08-08Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

08.08.2023 (M/L 135) Ct. No.29 Allowed (SKB) CRM (A) 2912 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with GR Case No.2157 of 2023 arising out of Bongaon P.S. Case No.652 of 2023 dated 03.07.2023 under Sections 498A/406 of the Indian Penal Code.

In the matter of : Sartha Bhattacharyya @ Bhattacharya ... petitioner Mr. Susnigdho Bhattacharyya, Mr. Dipanjay Dutta, Ms. Bidisha Chakraborty ... for the petitioner Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner is the husband of the informant wife. Considered the materials placed by learned counsel for the parties.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, 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 GR Case No.2157 of 2023 arising out of 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) 2912 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.)