Sk Nurmahammad Ali @ Sk Nurmahammad And ORS v. State Of West Bengal

02.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 6025 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Amta Police Station Case No. 232 of 2022 dated 13.07.2022 under Sections 498A/304B/302/34 of the Indian Penal Code, 1860 and Sections 3/ 4 of the Dowry Prohibition Act, 1961. And In Re : Sk. Nurmahammad Ali @ Sk. Nurmahammad & Ors. ...... petitioners Mr. Shraman Sarkar ....for the petitioners Mr. S. G. Mukherjee, learned Public Prosecutor Ms. Faria Hossain Ms. Mamata Jana ....for the State The husband was granted bail by the Jurisdictional Court.

The police filed charge-sheet, inter alia, under Sections 498A/306/34 of the Indian Penal Code after conducting an investigation under Sections 498A/304B/302/34 of the Indian Penal Code, 1860 and Sections 3/ 4 of the Dowry Prohibition Act, 1961.

The allegations as against the petitioners, apparently, are omnibus and general in nature.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of

Rs.10,000/- each, 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 petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)