AB Court 28 C.R.M. 3415 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Bolpur P.S.
Case No.97 of 2018 dated 4.4.2018 under Sections 498A/325/
307/354/504 of the Indian Penal Code read with Sections 3 /4
of the Dowry Prohibition Act
In the matter of : Sekh Pyar Anr.
Ms. Ameena Kabir…for the Petitioners.
Mr. Imran Ali …for the State.
It is submitted on behalf of the petitioners that the
instant case was instituted in retaliation to a suit for restitution
of conjugal rights filed by the petitioner no.1 against the defacto
complainant – wife.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
in mind the nature of allegations in the light of the aforesaid
submission made on behalf of the petitioners, we are of the
opinion though custodial interrogation of the petitioners may not
be necessary, they require to cooperate with the investigation 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/-(Rupees Ten Thousand only) 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 of the case once in a week until further orders.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)