C.R.M. 2254 of 2018
In the matter of : An application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on 07.05.2018 in connection with Baguiati P.S. Case No.
156 of 2018 dated 18.04.2018 under sections 498A/323/406/506 of the Indian Penal
Code and sections 3/4 of the Dowry Prohibition Act.
In the matter of : Sri Suman Das Ors.
… … petitioners
Mr. Anjan Bhattacharya,
Ms. Anita Shaw
… … for the petitioners
Mr. Suchindram Bhattacharjee
… … for the de facto complainant
Mr. M. R. Abedin
… … for the State
It is submitted on behalf of the petitioners that they have been falsely
implicated in the instant case with a matrimonial dispute.
Learned counsel appearing for the State opposes the prayer for anticipatory
Learned counsel appearing for the de facto complainant submits that all the
stridhan articles have not been seized as yet.
We have considered the materials in the case diary and we find that the
stridhan articles have been recovered as appearing from the seizure list in the case
diary. Keeping in mind the aforesaid fact and the nature of allegations, we are of
the opinion though custodial interrogation of the petitioners may not necessary,
petitioner no. 1 is required to co‐operate with the investigating agency in order to
recover further stridhan articles, if any, in accordance with law.
Accordingly, we direct that in the event of arrest the petitioners 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
also 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 no. 1 shall meet the investigating officer once in a week until
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)