Dildar Hossain v. State Of West Bengal

10.08.2022 Serial no. 24 [Dd] (Anticipatory bail) Allowed) CRM (A) 3816 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 543 of 2022 dated 06.07.2022 under Sections 498(A)/376(B)/506 read with Section- 3 of Muslim Women (Protection of Rights on Marriage) Act, 2019.

-AndIn the matter of : Dildar Hossain ... ... Petitioner Ms. Minoti Gomes, Ms. Sabnam Laskar, Advocates ... ... For the Petitioner Mr. Joydeep Roy, Jr. Govt. Advocate Mr. Amanul Islam Advocate ... ...For the State Learned advocate appearing for the petitioner submits that the de facto complainant lodged a police compliant on October 7, 2021 inter alia under Section 498A/354/379/423 of the Indian Penal Code read with Section 3/ 4 of the Dowry Prohibition Act in which the petitioner was enlarged on bail. The present police complaint was lodged subsequent thereto. Learned advocate appearing for the State draws the attention of the Court the materials in the case diary. This is the second police complaint inter alia under Section 498A of the Indian Penal Code.

In the first police compliant, the petitioner was enlarged on bail.

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 further condition that the petitioner shall report before the Investigating Officer once in a fortnight 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) 3816 of 2022 is disposed of.

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