Badrul Haque@Sk.Badrul Hoque And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 27.02.2023. C.R.M. (A) 114 of 2023 164/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Malbazar P.S case no. of dated 29.9.2021 under sections 325/498A/354/376/511/313/307/34 of the Indian Penal Code and Allowed In Re : Badrul Haque @ Sk. Badrul Hoque & Anr. ... petitioners Mr. D Das ...... for the petitioner Mr. A S Chatterjee ...... for the State Petitioner no. 1 i.e. father-in-law of the victim housewife attempted to rape the housewife. Under such circumstances, we are not inclined to grant anticipatory bail to him. However, bearing in mind the extent of complicity of petitioner no. 2 who is uncle-in-law of the victim housewife in the alleged crime, we are inclined to grant anticipatory bail to him.

Accordingly, we direct that in the event of arrest, the petitioner no. 2 viz Jamrul Haque @ Kanrul Jama shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner no. 2 shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM (A) 114 of 2023 is disposed of. (Subhendu Samanta,J.) (Joymalya Bagchi, J.)