Calcutta High CourtCRM(A)/948/2024allowed

Abdul Halim v. The State Of West Bengal

2024-12-02Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

02.12.2024 Item No.78 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 948 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Sitalkuchi Police Station Case No.493 of 2024 dated 25.10.2024 under Sections 85/117(2)) of B.N.S.,2023 read with Sections3 and 4 of the Dowry Prohibition Act.

And In the matter of: Abdul Halim ....Petitioner.

Ms. Suman Sehanabis (Mandal), Ms. Anwesha Chakraborty ...for the Petitioner.

Mr. Nilay Chakraborty, Ms. Namrata Das ... for the State.

1. The petitioner prays for anticipatory bail on the ground of false implication. The petitioner is the husband of the victim. The parties were married for the past eight years.

2. Learned advocate for the State opposes the prayer for bail and produces the case diary.

3. We do not find any injury report in the case diary. From the prescription of the doctor, it appears that there were some bruises. The couple has a seven years old child. Investigation is complete.

4. Considering the materials on record and considering the nature of injury, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of equal amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Mathabhanga, Cooch Behar and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The further condition is that the

petitioner shall appear before the jurisdictional court on the dates fixed. The petitioner shall not leave the jurisdiction of the jurisdictional court without permission of the court.

5. The application for anticipatory bail, being CRM (A) 948 of 2024 is, thus, disposed of.

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

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)