Allowed

Hiranmoy Singh @ Hiranmay Sing v. State of West Bengal

Calcutta HC9 Aug 2023CRM (A)/2707/2023

Case brief

AI extract

What is this about?

Allowed anticipatory bail under Section 438 CrPC to the petitioner, husband of the victim, in an FIR relating to matrimonial offences. Conditioned release on weekly appearance and non-interference with witnesses.

What did the court decide?

Prayer for anticipatory bail allowed; petitioner released on bail subject to conditions of weekly appearance and non-coercion of witnesses.

Hiranmoy Singh @ Hiranmay Sing Vs State of West Bengal — Domestic Violence | Calcutta HC (2023)

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09.08.2023 C.R.M. (A) 2707 of 2023 SL. 10 Court No. 29 In Re: - An application for anticipatory bail under Section 438 of Suvayan (Allowed) the Code of Criminal Procedure filed in connection with English Bazar Women Police Station Case No. 84 of 2023 dated 25.04.2023 under Sections 498A/323/307/34 of the IPC read with Sections 3/4 of D.P. Act. And In the matter of: Hiranmoy Singh @ Hiranmay Sing ….petitioner. Mr. Mounick Ghosh Mr. Saikat Mondal …for the petitioner. Mr. Joydeep Roy Ms. Sujata Das …for the State. 1. Heard learned Counsel for both the parties. 2. The petitioner is the husband of the victim. 3. It is fairly submitted at the Bar that the petitioner tried to hang herself but her mother-in-law and neighbor rescued her and she is alive. The medical examination report in respect of the victim is indicative of the fact that all the parameters of the neck of the victim are normal though there is also allegation of throttling by the husband.

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Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed (Supra), the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

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i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

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ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

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Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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Accordingly, the prayer for the anticipatory bail is allowed.

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The application being CRM (A) 2707 of 2023 is disposed of.

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(Chitta Ranjan Dash, J.)

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(Partha Sarathi Sen, J.)

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Hiranmoy Singh @ Hiranmay Sing v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Hiranmoy Singh @ Hiranmay Sing v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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