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Calcutta High CourtCRM/6706/2020allowed

Ajit Barman v. State Of West Bengal

2020-09-21Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

21.09.2020 SL No.78 s.biswas (Allowed) C.R.M. 6706 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Women P.S. Case No. 9 of 2020 dated 02.03.2020 under Sections 498A/313/307/34 of the Indian Penal Code read with Section 3 /4 of the Dowry Prohibition Act.

And In the matter of: Ajit Barman ....Petitioner Mr. Debabrata Acharyya ...for the Petitioner Ms. Sukanya Bhattacharya Mr. Md. Kutubuddin ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the instant case is a counter-blast to a suit for restitution of conjugal rights instituted by the petitioner against the de facto complainant and as allegation of forcible abortion is not supported by medical papers, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of

like amount, 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.

The application for anticipatory bail is, thus, disposed of. (Kausik Chanda, J.) (Joymalya Bagchi, J.)