1
117 18.01.2018
Aloke Court 28 C.R.M. 640 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17.01.2018 in connection
with Marishda P.S. Case No.137 of 2017 dated 11.10.2017 under
Sections 498A/302/34 of the Indian Penal Code.
And
In the matter of: Panchanan Shyamal
…Petitioner
Mr. Arindam Jana
Mr. Soumyajit Chatterjee
… for the petitioner
Mr. Arijit Ganguly
Mr. Sanjib Kr. Dan
… for the State
allowed It is submitted on behalf of the petitioner that the
petitioner is the husband of the victim-housewife and used to
work in Kerala and has been falsely implicated in the instant
case.
Learned counsel appearing for the State opposes the
prayer for bail.
We have considered the materials on record including the
statement of the sister of the victim recorded under Section 164
Cr.P.C. alleging torture upon the victim-housewife by her mother-
in-law and sister-in-law. It is also admitted that the husband of
the victim, i.e. the petitioner, used to reside in Kerala at the time
of occurrence.
In view of the aforesaid materials-on-record, we are of the
2
opinion that custodial interrogation of the petitioner may not be
necessary and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the
petitioner shall be released on anticipatory bail upon furnishing
bond of Rs.10,000/-(Rupees Ten Thousand only) with two
sureties of like amount, to the satisfaction of the arresting officer
and also subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on condition
that he shall meet the Officer-in-Charge of Marishda Police
Station once in a week until further orders.
The application for anticipatory bail is, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)