Shashanka Bhowmick @ Babai v. State Of West Bengal
31.08.2023 D/L 26 Ct. No.29 (Allowed) (SKB) CRM (A) 3551 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Karandighi P. S. Case No.156 of 2023 dated 26.03..2023 under Sections 498A/323/325/307/34 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act corresponding to GR Case No.793 of 2023.
In the matter of : Shashanka Bhowmick @ Babai ... Petitioner Md. Nauroz Rahber, Mr. Amit Ranjan Pati, Mr. Muhammad Jawwad ... for the petitioner Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State
1. Heard learned Counsel for the parties.
2. The petitioner is the husband of the victim wife. The injury sustained by the victim is found to be not serious and opined to be simple in nature. So far as allegation is concerned, it is found that the petitioner had assaulted the victim on her chest by feast blows.
3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, 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 substantial progress in
investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the GR Case No.793 of 2023 arising out of the aforesaid P.S. case 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. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.
6. The applications being CRM(A) 3551 of 2023 is disposed of.
7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)