Calcutta High CourtCRM (A)/3275/2023allowed

Sk. Imran And ORS v. State Of West Bengal

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

C.R.M. (A) 3275 of 2023 25.08.2023 ML. 456 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Purulia Sadar Women Police Station Case No. 29 of 2023 dated 24.06.2023 under Sections 498A/323/307/34 of the IPC and Sections 3/4 of the D.P. Act.

And In the matter of: Sk. Imran & Ors.

....petitioners.

Mr. Sanjib Bandyopadhyay Mr. Manoj Kr. Dondal ...for the petitioner.

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

1. Heard learned Counsel for both the parties.

2. It is fairly submitted at the Bar that there is no injury report on record as medical examination has not been done. The occurrence happened when the husband and the present petitioner No. 1 who is the brother-in-law of the informant tried to bring the informant back to the matrimonial home by application of force.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioners are directed to appear before the

I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 3275 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)