Md Refat Ali v. State Of West Bengal

13.02.2024 Item No.107 Ct. No. 29 CHC Allowed C.R.M.(A) 5185 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 499 of 2023 dated 27.04.2023 under Sections 498A/323/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act and Section 4 of Muslim Women Protection and Right Act..

And In the matter of : Md. Refat Ali ...... petitioner Mr. Tapan Dutta Gupta, Mr. K. Ghosal ....for the petitioner Mr. Iqbal Kabir ....for the State Petitioner prays for anticipatory bail.

There is a previous complaint by the de facto complainant relating to the same allegation of matrimonial discord. In the present police complaint police filed charge-sheet. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear on every date before

the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 5185 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)