Calcutta High CourtCRM (A)/3286/2024allowed

Sk. Motibul Rahaman @ Sekh Motibul Rahaman v. State Of West Bengal

2024-09-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas2 pages

13.09.2024 SL No.19 Court No.29 (gc) (Allowed) CRM (A) 3286 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/ under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Daspur Police Station Case No.689 of 2023 dated 20.12.2023 under Sections 498A/323/325/307/406/506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, 1961.

And In the matter of : Sk. Motibul Rahaman @ Sekh Motibul Rahaman - Petitioner.

Miss. Sananda Bhattacharyya, Miss. Kakan Das, Miss. Rimpa Adhikari ....For the Petitioner.

Mr. Md. Adil Badr, Mr. Sharequl Haque ... For the State.

1. Heard the learned Counsel for the parties.

2. Considering the materials available in the case diary wherefrom it appears that there is a matrimonial dispute between the parties and the petitioner is married to the de facto complainant for over 15 years and having regard to the nature of injury which appears to be simple and also having regard to the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sk. Motibul Rahaman @ Sekh Motibul Rahaman, shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount each, to the Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 05:52:50 PM

satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023.

4. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur in connection with G.R. Case No.1308 of 2023 within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Prasenjit Biswas, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 05:52:50 PM