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Calcutta High CourtCRM/7735/2021allowed

Mir Raihan v. State Of West Bengal

2021-11-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

29.11.2021 Serial no.46 Aloke (Through Video Conference) Ct. No. 29 CRM 7735 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.11.2021 in connection with Goghat Police Station Case No. 191 of 2021 dated 31.07.2021 under Sections 498(A)/406/354 of the Indian Penal Code.

-AndIn the matter of: Mir Raihan ... Petitioner Mr. Niladri Sekhar Ghosh, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli, Advocate ... ...For the State Having heard the learned Advocate appearing for the petitioner and the State and having considered the materials in the case diary and the having considered the fact that the petitioner filed petition for habeas corpus pursuant to which, the de facto complainant was recovered and considering the fact that the complaint was lodged 15 years after marriage and considering the claim of the petitioner that the de facto complainant is living with another person, 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 anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date. The prayer for anticipatory bail is allowed.

CRM 7735 of 2021 is disposed of.

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