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Calcutta High CourtCRM(A)/523/2025allowed

Momitul Hassan And ORS v. The State Of West Bengal

2025-07-22Hon'Ble Justice Bibhas Ranjan De2 pages

22.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 08 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION RUP Allowed C.R.M.(A) 523 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Dinhata Women Police Station Case No.19 of 2025 dated 03.03.2025 under Sections 4/7 of the Muslim Women (Protection of Rights and Marriage Act 2019) corresponding to G.R. Case No. 99 of 2025 pending before the Sessions Judge, Cooch Behar.

And In the matter of : Momitul Hassan & Ors.

...... petitioners Mr. Dr. Tamal Singha Roy ....for the petitioners Mr. Nilay Chakraborty, Ld. APP Mr. Sourav Ganguly.

....for the State

1. This is a case which has arisen out of an allegation involving an offence under Sections 4/7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019.

2. Learned counsel appearing on behalf of the petitioners has submitted that Talaknama was prepared with the consent of both the parties.

3. Heard both sides.

4. The prayer for anticipatory bail stands allowed.

5. Accordingly, the petitioners are being enlarged on bail upon furnishing bond of Rs.5000/- each (Five Thousand Only) with one surety to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS and on condition that the petitioners shall appear on every date before the

jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

6. As a sequel, the application being C.R.M. (A) 542 of 2025 stands disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De. J.)