Rabirul Kharsani @ Rabiul Kharsani v. The State Of West Bengal

Court No. 29 (266041) CRM (A) 2431 of 2024 c In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Tehatta Police Station Case No. 160 of 2024 dated 07.03.2024 under Sections 498A/406/307/34 of the Indian Penal Code, read with Sections 3/4 of the Dowry Prohibition Act, 1961 pending before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia. 05.08.2024 (A 12) (S. Banerjee) (Allowed) And In the matter of: Rabirul Kharsani @ Rabiul Kharsani ...petitioner Mr. Asraf Mandal ... for the petitioner Mr. Atif Ahmed Siddiqui ... for the State

1. Heard the learned counsel for the parties.

2. In view of the statement of the victim recorded under Section 164 Cr.P.C. recording that she is not willing to pursue her complaint and her husband is behaving in proper manner, we are inclined to grant anticipatory bail to the petitioner.

3. Accordingly, we direct that in the event of arrest, the petitioner (Rabirul Kharsani @ Rabiul Kharsani) shall be released on bail upon furnishing a bond of Rs. 3,000/- with two registered sureties of like amount, 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, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Signed By :

SWARUP BANERJEE High Court of Calcutta 6 th of August 2024 12:06:55 PM

4. The petitioner shall meet the investigating officer once in a fortnight till filing of the final report.

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

6. All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Uday Kumar, J.) (Soumen Sen, J.)