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Rabindra Nath Roy vs Unknown on 16 January, 2018

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16.01.2018

Ct.28
RP 127
CRM 520 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 15.01.2018 in connection with Dhantala
P.S. Case No.389 of 2017 dated 26.11.2017 under Sections 498A/307 IPC.

And
In the matter of : Rabindra Nath Roy
…. Petitioner

Mr. Subir Debnath, Adv.

….. For the Petitioner

Mr. Aniket Mitra, Adv.

….. for the State

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

matrimonial dispute between the parties and various cases are

pending by and between the parties.

Learned lawyer for the State produces the case diary and

opposes the prayer for bail.

Having considered the materials in the case diary and bearing

in mind the nature of allegations in the light of the aforesaid

submission on behalf of the petitioner, we are of the opinion that

custodial interrogation of the petitioner is not necessary in the facts

of the case but his movement requires to be restricted in order to

instill confidence in the mind of the victim.

Accordingly, we direct that in the event of arrest the petitioner

he shall be released on bail upon furnishing bond of Rs.10,000/-(

Rupees Ten Thousand only) with two sureties of like amount each,
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to the satisfaction of the arresting officer and also subject to the

conditions laid down in sub-section (2) of Section 438 of the Code of

Criminal Procedure, 1973 and on further condition that he shall not

enter the jurisdiction of Dhantala Police Station until further orders

without express permission of the Court below except for attending

the police station and he shall provide address where he will

presently reside to the investigating officer as well as the Court

below.

The application for anticipatory bail is, thus, allowed.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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