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Judgments of Supreme Court of India and High Courts

498A/307 Of The Indian Penal Code vs In Re on 27 September, 2018

1

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.
2

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.)

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