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Calcutta High CourtCRM (A)/3245/2023allowed

Bikram Mandal v. State Of West Bengal

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3245 of 2023 25.08.2023 SL. 7 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 49 of 2023 dated 07.02.2023 under Sections 307/498A IPC (corresponding to G.R. Case No. 327 of 2023, pending before the learned ACJM, Chanchal, Malda). And In the matter of: Bikram Mandal ....petitioner.

Mr. Soupal Chatterjee Ms. Sucheta Banerjee ...for the petitioner.

Mr. S. G. Mukherji, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ... for the State.

Mr. Prabir Kr. Das Mr. Anupam Das ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. It is submitted by learned Counsel for the petitioner and the informant/wife that though the FIR was lodged out of misconception, both the parties have come to composition in the meantime and they are staying jointly in their matrimonial house.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Chanchal, Malda in G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail 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.

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

5. The application being CRM (A) 3245 of 2023 is disposed of.

6. Learned Additional Chief Judicial Magistrate, Chanchal, Malda is hereby directed to act upon the server copy of this order, if required.

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