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Domestic Violence Act vs In Re: Nur Mahammad on 4 February, 2020




C.R.M. No. 1156 of 2020

In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure
filed on 03.02.2020 in connection with Harishchandrapur Police Station Case No. 687 of 2018 dated
18.09.2018 under Sections 498A/325/307/379/34 of the Indian Penal Code and Section 4 of the
Domestic Violence Act.

In Re: Nur Mahammad ……… petitioner

Mr. Soupal Chatterjee
…for the petitioner

Ms. Faria Hossain
Ms. Baisali Basu
…. for the State

Mr. Tanmoy Biswas
….. for the defacto complainant

It is submitted by the learned Counsel appearing for the petitioner

that the matrimonial dispute between the parties has since been


Learned Counsel appearing for the defacto complainant supports

such statement.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail and produces the case diary.

We have considered the materials on record. Injury appearing from

the medical papers are not serious. Under such circumstances and in

the light of the subsequent development relating to amicable resolution of

the matrimonial dispute, we are inclined to grant anticipatory bail to the



Accordingly, 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 like amount each, to the satisfaction of the arresting

officer and also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition

that he shall appear before the investigating officer and hand over his

passport, if any, within four weeks from date. In the event he does not

have a passport, he shall personally appear before the investigating

officer and furnish an affidavit to that effect within the time frame

mentioned hereinabove.

This application for anticipatory bail is, thus, allowed.

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

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