C.R.M. 208 of 2019
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/01/2019 in
connection with Coochbehar Women P.S. Case No. 202/17
dated 12/11/2017 under Section 498A/306 of the Indian Penal
In the matter of: Abinash Dhar Ors.
Mr. Bitasok Banerjee
Mr. Biswajit Mitra
…for the petitioners.
Mr. A.S. Chakraborty
Mr. S. Datta
…for the State.
The petitioners seek anticipatory bail in connection with
Coochbehar Women P.S. Case No. 202/17 dated 12/11/2017
under Section 498A/306 of the Indian Penal Code.
The petitioners are some of the relatives of the husband of
the victim and claim to have been falsely implicated in the
matter. According to the petitioners, the husband remains
The State produces the case diary and refers to some of
the neighbours’ statements.
Considering the general and omnibus nature of the
allegations in such statements, there may not be any need to
take the petitioners into custody at this stage.
Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only) each, 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 laid down in Section 438(2) of the Code of
Criminal Procedure, 1973. In addition, the petitioners will attend
the trial on every day that the matter is fixed and any default on
the part of the petitioners will entitle the trial court to cancel the
bail without reference to this Court.
The petition for anticipatory bail is allowed on the
conditions indicated above.
Certified copies of this order be immediately made
available to the petitioners, subject to compliance with all
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)