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Calcutta High CourtCRM/7272/2021allowed

Mirza Saifuddin And ORS v. State Of West Bengal

2021-11-15Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee1 pages

15.11.2021 Serial no.45 Aloke (Through Video Conference) Ct. No. 29 CRM 7272 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.11.2021 in connection with Belghoria Police Station Case No. 704 of 2021 dated 08.10.2021 under Sections 498A/323/406/448/120(B)/506/34 of the Indian Penal Code. -AndIn the matter of : Mirza Saifuddin & Ors. ... Petitioners Mr. Jayanta Samanta, Advocate Ms. Karunamoyee Samanta, Advocate ... ... For the Petitioners Mr. Sandip Chakraborty, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the police complaint was lodged subsequent to the dissolution of the marriage. The petitioners were falsely implicated. Heard the learned Advocate appearing for the State. Considering the materials in the case diary and considering the fact that the complaint was lodged subsequent to the dissolution of the marriage, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.

10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner nos. 1 and 2 shall appear before the investigating officer once in a month and petitioner nos. 3 and 4 shall cooperate with the investigation and on further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed.

CRM 7272 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)