← Library
Calcutta High CourtCRM/9802/2020allowed

Sk Intajul Ali And ANR v. State Of West Bengal

2020-12-07Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

07.12.2020.

44.

as (Allowed).

C.R.M. 9802 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia P. S. Case No.20 of 2020 dated 09.01.2020 under Sections 498A/406/376/511/307/34 and Sections 3 / 4 of the Dowry Prohibition Act and charge sheet submitted under Sections 498A/307/354B/506/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. In the matter of : Sk. Intajul Ali & Anr.

... Petitioners.

Mr. Tanmoy Chowdhury.

...for the Petitioners.

Mr. Narayan Prasad Agarwala, Ms. Subhasree Patel.

.....for the State.

Mr. R. Ghosh.

...for the de-facto complainant.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that the instant case arose out of a matrimonial dispute. It is also submitted that the parties have reconciled the dispute. Learned Advocate appearing for the State opposes the prayer for anticipatory bail and submits that the victim was hospitalised in 2016.

Learned Advocate appearing for the de-facto complainant submits that her client has amicably resolved the matrimonial dispute.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioners i.e. in-laws of the de-facto complainant and as it is contended that the parties have amicably resolved their dispute, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners, viz., Sk. Intajul Ali and Rasida Begum 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)