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Calcutta High CourtCRM (A)/3428/2023allowed

Rahima Sekh @ Ayma Sekh And ANR v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3428 of 2023 29.08.2023 SL. 51 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 308 of 2023 dated 21.05.2023 under Sections 498A/328/307/34 IPC.

And In the matter of: Rahima Sekh @ Ayma Sekh & Anr. ....petitioners.

Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ...for the petitioners.

Mr. Tanmoy Kr. Ghosh, Ld. SGA Mr. Arindam Sen ... for the State.

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that the injury suffered by the victim is simple in nature. Admittedly, in the CD, there are some allegations as against the present petitioners and other in-laws but prima facie those are at the fringe.

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), 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 completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Nadia, Krishnagar 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.

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

5. The application being CRM (A) 3428 of 2023 is disposed of.

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

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