C.R.M. 2132 of 2018
In Re:- An application under Section 438 of the Code of Criminal
Procedure filed on 04.05.2018 in connection with Chandipur Police
Station Case No. 35 of 2018 dated 26.02.2018 under Sections
498A/324/307/34 of the Indian Penal Code.
In Re : Dayasindhu Guria …… petitioner
Mr. Bhaskar Chandra Manna
…..for the petitioner
Ms. Sujata Das
….for the State
It is submitted by the learned Counsel appearing for the petitioner
that there is a domestic dispute between the defacto complainant and the
petitioner who is the husband of the defacto complainant has been falsely
implicated in the instant case.
Learned Counsel appearing for State opposes the prayer for
anticipatory bail and submits that the defacto complainant was subjected
to electric shock by the petitioner.
Having considered the materials on record we note that domestic
dispute was over the issue of gift of ancestral property to the petitioner. It
is unclear from the medical report as to whether electric burn was
accidental or inflicted by hostile hands. We are of the opinion that
custodial interrogation of the petitioner may not be necessary in the facts
of the case but his movement requires to be restricted in order to instill
confidence in the mind of the defacto complainant.
Accordingly, we direct that in the event of arrest the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/-, 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 on condition that he shall not enter the
jurisdiction of Chandipur Police Station except for attending the police
station until further orders and he shall provide the address where he
shall presently reside to the investigating agency as well as the learned
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)