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Calcutta High CourtCRM/7238/2020rejected

Najibur Rahaman v. State Of West Bengal

2020-10-08Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Aniruddha Roy2 pages

08.10.2020.

18.

as (Allowed).

C.R.M. 7238 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Margram P.S. Case No.107 of 2020 dated 03.09.2020 under Sections 498A/323/313/379/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. In the matter of : Najibur Rahaman & Ors.

... Petitioners.

Mr. Bitasok Banerjee.

...for the Petitioners.

Mr. Prasun Kr. Datta, ld. A.P.P., Mr. Nirupam Dhali.

.....for the State.

Heard the learned Advocates appearing for the parties. Having considered the materials on record prima facie disclosing involvement of the petitioner No.1 in assaulting the victim/housewife which is supported by medical evidence, we are not inclined to grant anticipatory bail to the petitioner no.1. Hence, the prayer for anticipatory bail of the petitioner no.1 is rejected.

However, in view of the general and omnibus nature of allegations against the other petitioners who are the in-laws of the victim/housewife, we are inclined to grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest the petitioner Nos.2 to 4, viz., Mojibor Rahaman, Tuhina Bibi and

Md. Maniruddin @ Muniruddin Sk. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Aniruddha Roy,J.) (Joymalya Bagchi, J.)