High CourtsDivision Bench(2020) 08 CAL CK 0058

Sk. Mafijul Rahaman @ Sk. Mofijul Rahaman vs State

Calcutta High Court · Decided on 18 August 2020

HON’BLE JUDGES
Samapti Chatterjee, J · Bibek Chaudhuri, J
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 5412 Of 2020, Criminal Application No. 3733 Of 2020

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Judgment

6 paragraphs · 213 words

@JUDGMENT-JUDGMENT

The learned advocate for the petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of normal functioning of the Court. Subject to such undertaking, the application is taken up.

The application being CRAN 3733 of 2020 is accordingly allowed. It is submitted by the learned advocate for the petitioner that the petitioner being the husband of the defacto-complainant has not complied with the provision of Section 41A of the Cr.P.C.

I.O is directed to serve a notice under Section 41A of the Cr.P.C to the petitioner within 24 hours from the date of communication of this order.

The learned Public Prosecutor-in-charge is requested to communicate this order to I.O. On receipt of such notice the petitioner will visit the I.O and will cooperate with the investigation of the case and the I.O will recover stidhan property, if any. There is an allegation under Section 406 of I.P.C on compliance of Section 41A of I.P.C. He needs true letter and spirit by the petitioner, the learned jurisdictional Magistrate is at liberty to grant the petitioner regular bail on the basis of his submission and the police report.

The instant application for anticipatory bail being CRM 5412 of 2020 is thus disposed of on the basis of above observation.