1
04.02.2020
69
sdas
allowed
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.
And
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
compromised.
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
petitioner.
2
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.)