Calcutta High CourtCRM/9002/2020allowed

Alamgir Hossain And ORS v. State Of West Bengal

2020-11-12Hon'Ble Justice Shivakant Prasad,Hon'Ble Justice Tirthankar Ghosh2 pages

November 12, 2020.

C.R.M. No. 9002 of 2020 sd/rc Item No.51/DL Ct. No.08 Allowed (Via Video Conference) In Re: An application for anticipatory bail under Section 438 CrPC filed on 03.11.2020 in connection with Bhagwangola Police Station Case No.519 of 2020 dated 01.11.2020 under Sections 498A/34 of the IPC together with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

And In the matter of: Alamgir Hossain & Ors.

...Petitioners.

Mr. Ali Ahsan Alamgir ...for the Petitioners Mr. Rabiul Islam Mr. A. Chakraborty ...for the de-facto complainant.

Mr. Ashok Das ...for the State.

Petitioner no. 1 is the husband, petitioner no. 2 is the father-in-law and the petitioner no. 3 is the mother-in-law. They had been arrayed for the alleged offence under Section 498A/34 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioners are apprehending arrest in connection with Bhagwangola Police Station Case No.519 of 2020 dated 01.11.2020 under Sections 498A/34 of the IPC together with Sections 3 and 4 of the Dowry Prohibition Act, 1961 and now they are seeking protection of anticipatory bail.

We have heard the learned counsel for the petitioners and learned counsel for the State and gone through the Case Diary. The petitioner no. 1 and the de-facto complainant are well read person. There is allegation of emotional harassment and torture but we find that it is not the fit case for putting the petitioners behind the bar for custodial interrogation. Therefore, we are pleased to allow the prayers of the petitioners for anticipatory bail.

In such circumstances, in the event of their arrest, the petitioners will be enlarged on bail upon furnishing a bond of Rs.5000/- (Rupees five thousand only) each with two sureties of the like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

CRM No. 9002 of 2020 is disposed of.

[Tirthankar Ghosh, J] [Shivakant Prasad, J]