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07.01.2020
tkm/ct 28 C.R.M. 23 of 2020
sl no. 31

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 2.1.2020 in connection with Islampur P. S case
no 752 of 2019 dated 4.12.2019 under sections 498A/325/326/34 of the
Indian Penal Code and 3/4 of the DP Act
And
Allowed
In Re : Samar Ali Sardar Ors. …… petitioners

Mr. S Mukherjee
Mr. A Islam
…… for the petitioners
Ms. Z N Khan
Mr. MFA Begg
…… for the State

It is submitted on behalf of the petitioners that petitioner
no. 1 had initiated a proceeding under section 97 of the Cr.P.C to
recover his wife. In retaliation the instant case has been
registered against the petitioners.

Learned lawyer for the State opposes the prayer for
anticipatory bail.

Having considered materials on record and bearing in mind
the nature of allegations in the light of the aforesaid submissions
made on behalf of the petitioners and as the allegation of physical
assault is not supported by medical papers, we are inclined to
grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of
Rs. 10,000/- each with two sureties of like amount each, to the
satisfaction of the Arresting Officer and also subject to the
conditions as laid down under section 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the
petitioner no. 1 shall meet the investigating officer once in a week
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while on bail until further orders and that the petitioners shall
appear before the court below and pray for regular bail within
four weeks from date.

The application being CRM 23 of 2020 is disposed of.

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