Sirajuddin Miah @ Mintu And ANR v. State Of West Bengal

C.R.M. (A) 3228 of 2023 25.08.2023 SL. 4 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kumarganj Police Station Case No. 125 of 2023 dated 08.05.2023 under Sections 341/323/325/307/34 IPC.

And In the matter of: Sirajuddin Miah @ Mintu & Anr. ....petitioners.

Mr. Anindya Ghosh Ms. Barnali Mukherjee ...for the petitioners.

Mr. Neguive Ahmed Ms. Ayantika Ray ... for the State.

1. Heard Ms. Barnali Mukherjee, learned Counsel for the petitioners and learned Counsel for the State.

2. From the C.D. and injury report, it is found that the victim has sustained two injuries on his head on parietal and occipital region without involving any bone.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed (supra) and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur in G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On their appearance and application for bail each of 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 including the condition that each of the petitioner shall

appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

5. The application being CRM (A) 3228 of 2023 is disposed of.

6. Learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)