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27.09.2018
Item no. 48
Ct. No.34
CHC
Allowed
C.R.M. No.7069 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 04.09.2018 in connection
with Taherpur Police Station Case No. 171 of 2018 dated
08.08.2018 for alleged offence punishable under Sections
498A/307 of the Indian Penal Code.
And
In Re:-
Ajoy Sarkar
… Petitioner
Mr. Mrityunjoy Chatterjee, Advocate
Md. G. N. Imrohi, Advocate
.. for the petitioner
Ms. Debjani Sahu, Advocate
..for the State
The petitioner seeks anticipatory bail in connection with
Taherpur Police Station Case No. 171 of 2018 dated 08.08.2018
for alleged offence punishable under Sections 498A/307 of the
Indian Penal Code.
Pursuant to the order dated September 6, 2018 the
investigating officer has filed a report through the Public
Prosecutor.
The petitioner claims that the minor daughter of the petitioner
is staying with the petitioner despite the de facto complainant wife
having removed herself from the matrimonial home.
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The State also produces the case diary and refers to several
statements.
Considering the material, there does not appear to be any need
to take the petitioner into custody at the moment.
Accordingly, in the event of arrest, the petitioner will be
granted bail upon furnishing a security of Rs.10,000/- (Rupees ten
thousand only), with two sureties of Rs.5,000/- (Rupees five
thousand only) each, one of whom must be local, to the
satisfaction of the Arresting Officer, subject to the conditions as
laid down in Section 438 (2) of the Code of Criminal Procedure,
1973. In addition, the petitioner will also report to the Investigating
Officer at such time and place as may be specified by the
concerned police officer.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)