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Md. Habibur Rahaman @ Habibur vs Unknown on 2 January, 2024

02.01.2024
Serial no. 52
Anticipatory bail
[Allowed]
Dd
CRM (A) 4270 of 2023

In re : An Application for Anticipatory Bail under Section 438
of the Code of Criminal Procedure in connection with Kaliachak
Police Station Case No. 1078 of 2023 dated 10.08.2023
under Sections 498A/323/307/494/34 of the Indian Penal
Code, 1860.

(G.R. Case No. 5436/2023)

-And-

In the matter of : Md. Habibur Rahaman @ Habibur
Rahaman
… … Petitioner

Mr. Kalidas Saha, Advocate
… … For the Petitioner

Mr. Bidyut Kr. Roy,
Ms. Sima Biswas, Advocates
… …For the State

Petition is taken up for consideration subsequent to
order dated October 16, 2023.

By such order, interim anticipatory bail was granted by
the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did
not consider the materials in the case diary and passed such
order in view of the ensuing Puja vacation.

We perused the materials in the case diary. We find that
the de facto complainant and the petitioner before us were
married for about 18 years with three children being borne out
of the wedlock.

There is a question of delay in the lodgment of the first
information report also.

The allegations apparently are omnibus and general in
nature.

2

In such circumstances, we confirm the order granted on
October 16, 2023.

Consequently, we grant anticipatory bail to the
petitioner.

Accordingly, we 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, 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 the petitioner shall report before the
Investigating Officer once in a month till the conclusion of the
investigation and on further condition that the petitioner shall
appear on every date before the jurisdictional Court on and
from the date fixed for appearance of the accused and in default
the jurisdictional Court will pass appropriate order to secure the
presence of the petitioner in Court including cancelling the
anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.
CRM (A) 4270 of 2023 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)

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