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Calcutta High CourtCRM (A)/3863/2023allowed

Nur Alam v. State Of West Bengal

2023-09-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3863 of 2023 21.09.2023 ML. 255 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 190 of 2023 dated 20.06.2023 under Sections 498A/325/308 IPC (corresponding to G.R. Case No. 3903 of 2023).

And In the matter of: Nur Alam ....petitioner.

Md. Wasim Akram ...for the petitioner.

Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg ...for the State.

Ms. Reshmi Khatun ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. It is submitted by learned Counsel for the petitioner and the learned Counsel for the victim/wife that after filing of the FIR both the husband and wife have come to a composition and they are peacefully living in their matrimonial home.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his 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.

4. 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.

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

6. The application being CRM (A) 3863 of 2023 is disposed of.

7. 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.)