Calcutta High CourtCRM (A)/3636/2023allowed

Hereng Ali Mondal And ORS v. State Of West Bengal

2023-09-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

12.09.2023 M/L 29 Ct. No.29 (Allowed) (SKB) CRM (A) 3636 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Murutia P. S. Case No.230 of 2023 dated 08.08.2023 under Sections 498A/325/307/354B/34 of the Indian Penal Code.

In the matter of : Hereng Ali Mondal and others ... Petitioners Mr. Partha Pratim Das, Mr. Asraf Mondal, Mr. Monajit Chakraborti ... for the petitioners Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Roma Roy ... for the defacto complainant

1. Heard learned advocate for the petitioners, learned advocate for the State and learned advocate for the informant.

2. Admittedly, the instant case arises out of a matrimonial dispute. On perusal of the injury report of the victim, it reveals that the informant/victim has suffered aberration and bruise over her right shoulder. The petitioner no.1 is the husband of the informant and other petitioners are his parents and family members.

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 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.

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

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

6. The applications being CRM(A) 3636 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.)