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Calcutta High CourtCRM/8615/2020allowed

Jiten Barui v. State Of West Bengal

2020-11-19Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

19.11.2020.

Item No. 49 ap C.R.M. 8615 of 2020 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13.03.2020 in connection with Hasnabad Police Station Case No. 113 of dated 10.02.2020 under Sections 498A/406/307/376/511/506/34 of the Indian Penal Code and Section 4 of the D.P. Act.

And In the matter of: Jiten Barui.

...Petitioner

Mr. Fasiur Rahman Molla.

...For the petitioner Mr. Ashok Das.

....For the State The petitioner undertakes to affirm and stamp the petition as per Rules within one week of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conference.

The petitioner herein is the Nondai (husband's sister's husband) of the de facto complainant.

The petitioner claims that the matrimonial dispute between the de facto complainant and her husband has been resolved and the de facto complainant has returned to the matrimonial home.

The State is represented and corroborates such position. According to the complainant's written representation to the Officer-in-charge in the local police station, she has returned to her matrimonial home and has abandoned the complaint.

In such view of the matter, there is no question of arresting the petitioner.

Subject to the above, in the event of arrest, the petitioner will be enlarged on bail upon furnishing security of Rs.5,000/- (Rupees Five Thousand only), with a local surety, to the satisfaction of the Arresting Officer. CRM 8615 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Hiranmay Bhattacharyya, J.)