Mizanur Rahaman v. State Of West Bengal

Serial no.27.

September 29, 2020.

SG CRM 6721 of 2020 with CRAN 1 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Women Police Station Case No.51 of 2020 dated 13.07.2020 under Sections 498(A)/307/109 of the Indian Penal Code and read with Section 3/4 of D.P. Act.

In the matter of: Mizanur Rahaman ...petitioner.

Mr Anindya Ghosh ... for the petitioner.

Mr Nilay Chakraborty Mr Aniruddha Bose ... for the State.

Ms M.D. Majumder ... for the de facto complainant.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioner claims that a matrimonial dispute has arisen shortly after the petitioner's marriage. The State says that the survivor's version was quite different and the custodial interrogation of the petitioner may be necessary.

Considering the material against the petitioner, particularly the statement of the wife, it does not appear that the petitioner is liable to be taken into custody at this stage. In the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6721 of 2020 and CRAN 1 of 2020 are disposed of. ( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )