Raphikul Miya@Rafikul Mia@Rafikul@Rafikul Hoque v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 22.08.2023 Court No.1 Item.49 (sg/ks) CRM (A) 600 OF 2023 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Boxirhat Police Station Case No.111 of 2023 dated 11.03.2023 under Sections 341/ 323/ 325/ 307/ 379/ 34 of the Indian Penal Code.

And In the matter of: Raphikul Miya @ Rafikul Mia @ Rafikul @ Rafikul Hoque . .. . . . . .Petitioner.

Mr. Hillol Saha Podder Ms. Mousumi Das For the Petitioner.

Mr. Sagnik Sankar Sikdar For the State.

1. Considering the nature of the injuries allegedly inflicted by the petitioner on the husband of the de facto complainant and the contention of the petitioner is that there is an enmity between the petitioner and the de facto complainant and her husband, we are inclined to allow the prayer for grant of anticipatory bail as custodial interrogation is not required.

2. We accordingly direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The

petitioner shall cooperate with the investigation and make himself available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioner shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

3. The application for anticipatory bail being CRM(A) 600 OF 2023 is allowed and disposed of in terms of the above.

(PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)