← Library
Calcutta High CourtCRM/9569/2020allowed

Md. Mostafa And ORS v. State Of West Bengal

2020-12-16Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

rkd 16.12.2020 Ct. No.28 (Allowed) C.R.M. 9569 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harirampur P.S. Case No. 226 of 2020 dated 08/11/2020 under Section 498A/307/326/109 of the Indian Penal Code and under Sections 4 of the D.P. Act.

And In the matter of: Md. Mostofa & Ors.

....petitioners.

Mr. S. K. Bhattacharyya, Mr. S. Burman ...for the petitioners.

Mr. P. Ganguly ...for the State.

Petitioners submit that the incident occurred ten years after marriage.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the general and omnibus nature of allegations and as injuries are simple and not life threatening, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs. 10,000/- each with two sureties of like amount each 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 and on further condition that petitioner no.1 shall meet the investigating officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)