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Calcutta High CourtCRM (A)/3003/2023allowed

Suknata Karmakar v. State Of West Bengal

2023-08-10Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3003 of 2023 10.08.2023 ML. 210 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Haringhata P.S. Case No. 107 of 2023 dated 25.03.2023 under Sections 498(A)/313/406/34 of the IPC pending before the learned ACJM, Kalyani, Nadia.

And In the matter of: Sukanta Karmakar ....petitioner.

Mr. Sumanta Das ...for the petitioner.

Mr. S. G. Mukherji, PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioner is the husband of the informant wife. It is fairly submitted at the Bar that the miscarriage alleged in the FIR dates back to 2018 as found from the medical papers in C.D.

3. Regard being had to 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 completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Kalyani, Nadia within 15 days from today in the G.R. case arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The learned ACJM is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 3003 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)