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Md. Iqbal Khan & Ors vs Unknown on 16 December, 2019





C.R.M. 11844 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 03.12.2019 in connection
with Bhadreswar P. S. Case No.390 of 2019 dated 15.10.2019
under Sections 498A/Section307/Section313/Section406/Section354B/Section506/Section34 of the Indian
Penal Code.

In the matter of : Md. Iqbal Khan Ors.

… Petitioners.

Mr. Arunava Ganguly.

…for the Petitioners.

Mr. Imran Ali,
Ms. Seema Biswas.

…..for the State.

Mr. Suman Chakraborty.

…for the de-facto complainant.

Heard the learned Advocates appearing for the parties.

Having considered the materials on record prima facie

disclosing involvement of the petitioner no.3 in assaulting his wife

which is supported by medical evidence, we are not inclined to

grant anticipatory bail to the petitioner no.3.

Accordingly, the prayer for anticipatory bail of the petitioner

no.3 is rejected.

However, keeping in mind the extent of complicity of the

petitioner nos.1 and 2, in laws of the victim housewife, in the

alleged crime, we are inclined in granting anticipatory bail to the

petitioner Nos.1 and 2.

Accordingly, we direct that in the event of arrest the

petitioner Nos.1 and 2 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 subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioner

nos.1 and 2 shall appear before the trial court and pray for regular

bail within four weeks from date.

This application for anticipatory bail is, thus, disposed of.

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

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