Rabindranath Mal v. State Of West Bengal

10.08.2022 Serial no.12 Aloke CRM (A) 3798 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Belda Police Station Case No. 152 of 2022 dated 20.04.2022 under Sections 498A/323/325/354/307/406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Rabindranath Mal ... ... Petitioner Mr. Amal Krishna Samanta, Advocate ... ... For the Petitioner Mr. Imran Ali, Advocate Mr. M.F.A. Begg, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner is a neighbour. He draws the attention to the order of the jurisdictional Court dated July 27, 2022 by which an application for anticipatory bail filed by the husband was allowed on the ground that the disputes stands settled between the de facto complainant and her husband.

The de facto complainant and her husband apparently are residing peacefully as appearing from the order dated July 27, 2022 passed by the jurisdictional Court while granting anticipatory bail to the husband of the de facto complainant. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition

that the petitioner shall meet the Investigating Officer as and when called for till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3798 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)