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Calcutta High CourtCRM/7960/2020allowed

Jakir Sekh@Jakirsk v. State Of West Bengal

2020-11-17Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

17.11.2020 gd CRM 7960 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore P.S. Case No.831 of 2020 dated 19.08.2020 under Sections 498A/325/307/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961. And In the matter of: Jakir Sekh @ Jakir Sk & Anr. ....Petitioners.

Mr. Somnath Adhikary ...for the Petitioners.

Mr. Saibal Bapuli Mr. Aniket Mitra ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The first petitioner is the husband of the complainant. The second petitioner is a relative of the husband. The State says that the incident took place into the 30th year of the complainant's marriage. The complainant has apparently been driven out from the matrimonial home. The State says that the complainant alleged that her husband tried to throttle her to death. However, there is no injury report corroborating such claim. Considering the material against the petitioners, they are entitled to anticipatory bail.

In the event of arrest, the petitioners will be enlarged on bail on furnishing security of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to

the satisfaction of the Arresting Officer. In addition, the petitioners will abide by the conditions in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 7960 of 2020 is disposed of.

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