C. R. M. 9833 of 2018
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 30.10.2018 in connection with Matia Police Station Case No. 295 of
2018 dated 07.07.2018 under Sections 498A/302/34 of the Indian Penal Code.
In Re: Soyed Ali Mondal @ Md. Soyed Ali Mondal Ors.
… … Petitioners
Mr. Satadru Lahiri .. Advocate
… … for the petitioners
Mr. Rudradipto Nandy .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
Learned advocate appearing for the petitioners submits that the petitioner no.2
does not want to press his application for anticipatory bail. Accordingly, the prayer for
anticipatory bail of the petitioner no.2 namely, (2) Khude Mondal @ Manirul Mondal
stands dismissed as not pressed.
It is submitted on behalf of the petitioner nos.1, 3 4 that the incident occurred
fifteen years after marriage and that the allegations against them are general and
omnibus in nature.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
Having considered the materials in the case diary and bearing in mind the fact
that the incident occurred fifteen years after marriage and that the statutory presumptions
under Sections 113A and 113B of the Evidence Act are not attracted in the facts of the
present case and in the light of the aforesaid submissions made on behalf of the petitioner
nos.1, 3 4, we are of the opinion that custodial interrogation of the accused/petitioner
nos.1, 3 4 may not be necessary in the facts of the present case and they may be
granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner nos.1, 3
4, namely (1) Soyed Ali Mondal @ Md. Soyed Ali Mondal, (3) Sabina Bibi @
Chhamena Bibi (4) Fatema Bibi, be released on bail upon furnishing 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.
The application for anticipatory bail is, thus, disposed of.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)