Najmul Huda And ORS v. State Of West Bengal

C.R.M. (A) 3524 of 2023 30.08.2023 SL. 75 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 49 of 2023 dated 07.04.2023 under Sections 498A/307/506/34 IPC (corresponding to G.R. Case No. 703 of 2023).

And In the matter of: Najmul Huda & Ors.

....petitioners.

Mr. Kaushik Choudhury Ms. Busra Khatun ...for the petitioners.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioners are husband and his other family members.

3. It is alleged that the petitioner and others tried to strangulate the victim/wife to death. Such allegation is not supported by the injury report. A case of matrimonial dispute is only made out.

4. Regard being had to the facts and submission, 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 in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 3524 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

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