Md Rajib v. State Of West Bengal

C.R.M. (A) 3868 of 2023 21.09.2023 ML. 260 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 316 of 2023 dated 13.04.2023 under Sections 498A/323/308/376/511/34 IPC read with Sections 3/ 4 of the D.P. Act(corresponding to G.R. Case No. 969 of 2023).

And In the matter of: Md Rajib ....petitioner.

Mr. Kunal Ganguly ...for the petitioner.

Ms. Sreeparna Das ...for the State.

1. Heard learned Counsel for the parties.

2. The present petitioner is the husband of the informant/housewife.

3. We find omnibus allegation as against the present petitioner with regard to the infliction of torture upon the victim/wife.

4. It is fairly submitted at the Bar that there is no injury on the person of the victim.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioner, 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 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.

6. 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.

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

8. The application being CRM (A) 3868 of 2023 is disposed of.

9. 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.)