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Calcutta High CourtCRM (A)/3520/2023allowed

Jamima Sultana @ Jasima Sultana v. State Of West Bengal

2023-08-30Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3520 of 2023 30.08.2023 SL. 71 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 348 of 2023 dated 02.03.2023 under Sections 498A/307/109/120B/34 IPC.

And In the matter of: Jamima Sultana @ Jasima Sultana ....petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Imran Ali Ms. Debjani Sahu ... for the State.

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that in the written complaint as well as in the injury report of the victim, the main allegation is against the husband of the victim/housewife and her mother-in-law.

3. Admittedly, there are some incriminating materials as against the present accused petitioners with regard to the alleged infliction of torture on account of additional demand of dowry. But in our considered view, those allegations are at the fringe.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, 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 completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, 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.

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

6. The application being CRM (A) 3520 of 2023 is disposed of.

7. Learned Chief Judicial Magistrate, Malda is hereby directed to act upon the server copy of this order, if required. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)