Majharul Islam @ Hoque @ Mithu v. State Of West Bengal

C.R.M. (A) 3776 of 2023 19.09.2023 ML. 169 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 387 of 2022 dated 13.12.2022 under Sections 341/325/326/307/34 IPC (corresponding to G.R. Case No. 5497 of 2022 pending before the Chief Judicial Magistrate, Berhampore, Murshidabad).

And In the matter of: Majharul Islam @ Haque @ Mithu ....petitioner.

Md. Golam Nure Imrohi ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ... for the State.

1. Heard learned Counsel for the parties.

2. The incident as involved in this case occurred on account of a dispute between two neighbours.

3. From the injury report of the victim, we find that victim Lal Chand Mondal suffered a cut injury on the frontal region of his scalp and multiple abrasion over his chest without involving any bone.

4. Charge-sheet is stated to have been filed in the meantime.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed supra and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Berhampore, Murshidabad in G.R. Case No. 5497 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail, petitioner shall be

released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

7. The application being CRM (A) 3776 of 2023 is disposed of. 8.

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

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