Jakir Hossain v. State Of West Bengal

ADDL 26.

November 17, 2020.

SG CRM 7544 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.100 of 2019 dated 27.12.2019 under Sections 498(A)/325/307/34 of the Indian Penal Code.

In the matter of: Jakir Hossain ...petitioner.

Mr Sudip Guha ... for the petitioner.

Mr Niloy Chakraborty Mr Tapan Bhattacharya ... for the State.

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 following a misunderstanding with his wife, the wife lodged a complaint with exaggerated charges. The petitioner relies on a gram panchayat certificate issued in the month of August, 2020 to claim that his wife and the petitioner are living together at the moment. The State says that there are serious charges of regular injuries being inflected on the wife.

Considering the fact that the petitioner and his wife may now be living together, the prayer for anticipatory bail is allowed. However, if there is any further complaint by the wife, this order will lose its force and it will be open to the

investigating officer to take appropriate steps in accordance with law.

In the event of arrest, the petitioner will be enlarged on bail upon furnishing a security of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, 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 7544 of 2020 stands disposed of.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )