Malay Saha v. State Of West Bengal

C.R.M. (A) 2945 of 2023 09.08.2023 ML. 164 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tarakeswar Police Station Case No. 284 dated 06.07.2023 under Sections 498A/406/325 IPC read with Section 4 of the D.P Act. And In the matter of: Malay Saha ....petitioner.

Mr. Navanil De Mr. Ansuman Bera ...for the petitioner.

Mr. Bidyut Kr. Roy Ms. Rita Datta ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner is the husband of the informant/wife who has filed FIR allegedly after 26 years of marriage.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of offence, 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 in the event of his arrest by the Arresting Officer 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. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 2945 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

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