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Calcutta High Court (Appellete Side)

Badrul Islam @ Md. Badrul Islam vs Unknown on 17 May, 2022

Author: Debangsu Basak

Bench: Debangsu Basak

17.05.2022 Serial no. 12 [Dd] (Anticipatory bail Allowed) CRM (A) 2158 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 129 of 2022 dated 23.03.2022 under Sections 4 of Muslim Women (Protection of Right on Marriage) Act, 2019 corresponding to G.R. Case No. 639/2022.

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In the matter of : Badrul Islam @ Md. Badrul Islam ... ... Petitioner Mr. Sourav Paul, Advocate ... ... For the Petitioner Mr. Sujan Chatterjee, Advocate ... ...For the State Petitioner prays for anticipatory bail. Learned advocate appearing for the petitioner submits that the petitioner did not pronounce 'Talak' upon his wife. Therefore according to him, Muslim Women (Protection of Right on Marriage) Act, 2019 does not apply in the facts of the present case.

Learned advocate appearing for the State submits that there are statements of the neighbours recorded under Section 161 of the Criminal Procedure Code where such neighbours claim that the petitioner pronounced 'Talak' upon the de facto complainant.

It is a disputed fact as to whether, the petitioner pronounced 'Talak' or not.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are inclined to 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 fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear every day 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) 2158 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)