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498A/307/406/34 Of The Ipc vs Allowed on 5 March, 2020

1

05.03.2020
tkm/ct 28 C.R.M. 2451 of 2020
sl no. 50

In Re : An application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on 3.3.2020 in connection with Khatra
Women P.S Case no. 1 of 2020 dated 6.1.2020 under sections
498A/307/406/34 of the IPC
And
Allowed
In Re : Panchanan Ruidas …… petitioner

Mr. A Agarwala
Mr. A Mukherjee
…… for the petitioner
Mr. Imran Ali
Ms. S Biswas
…… for the State
Mr. Soumik Ganguly
…… for the de facto complainant

Heard the learned advocates appearing for the respective

parties.

It is submitted on behalf of the petitioner that there is a

matrimonial dispute between the parties and the instant case is in

retaliation to a matrimonial suit filed by him against the de facto

complainant-wife.

Learned lawyer for the State opposes the prayer for

anticipatory bail.

Learned lawyer for the de facto complainant also opposes

the prayer for anticipatory bail and submits that petitioner is

threatening his client.

We have considered materials on record including the

medical records. Medical papers disclose an incident in January
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2019. Instant case appears to have been lodged after institution of

divorce proceeding.

In view of the aforesaid facts, we are of the opinion though

custodial interrogation of the petitioner is not necessary movement

of the petitioner requires to be restricted in order to instill

confidence in the mind of the de facto complainant wife.

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 be 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 while on bail

shall not enter the jurisdiction of Khatra Women P.S. until further

orders except for the purpose of investigation and attending court

proceeding and shall report to the concerned officer in charge

within whose jurisdiction he shall reside while on bail once in a

week until further orders and shall provide the address where he

shall presently reside to the investigating officer as well as court

below while on bail.

Petitioner shall appear before the investigating officer and

hand over his passport, if any, within a fortnight from date. In the

event he does not have a passport, he shall personally appear
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before the investigating officer and furnish an affidavit to that

effect within the time frame mentioned hereinabove.

The application being CRM 2451 of 2020 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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