← Library
Calcutta High CourtCRM/7799/2020disposed

Md Ramij Raja Biswas v. State Of West Bengal

2020-10-16Hon'Ble Justice Harish Tandon,Hon'Ble Justice Shampa Sarkar2 pages

(via Video conference) 13 (S/L)16.10.2020 CRM 7799 of 2020 Dd/Aloke In Re - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daulatabad Police Station case no. 199 of 2020 dated 16.09.2020 under Sections 498A/506 of the Indian Penal Code.

In the matter of : Md Ramij Raja Biswas .....Petitioner Mr. Amanul Islam .... ....for the Petitioner Mr. S. G. Mukherjee Mr. Aniket Mitra ... ...For the State The learned Advocate for the petitioner submits that the petitioner left the matrimonial house much earlier than the alleged date of the incident and the complaint had been lodged when she was admittedly not residing with the petitioner.

The learned Advocate for the State opposes the prayer for anticipatory bail. It is submitted that there are ingredients justifying an offence under Section 498A and 506 of the Indian Penal Code. After hearing the respective submissions and upon perusal of the materials produced before us, we do not feel that it is a fit case where the custodial interrogation of the petitioner is necessary. The prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest, the petitioner shall be granted anticipatory bail upon furnishing a bond of Rs.10,000/- (ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and on further condition that the petitioner shall meet the investigating officer once in a fortnight until further orders and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code, 1973.

The application is, thus, disposed of.

(Harish Tandon, J.)

(Shampa Sarkar, J.)