January 15, 2019.
CRM 79 of 2019
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
The State of West Bengal
Mr A. Dutta
… for the petitioner.
Mr Rana Mukherjee
Mr Suman Saha
… for the State.
The petitioner seeks anticipatory bail in connection with
Baduria Police Station Case No.440 of 2018 dated October 20, 2018
under Sections 498A/306/494/34 of the Indian Penal Code.
The petitioner is the husband of the victim who apparently
committed suicide about 19 years after her marriage.
The State produces the case diary and submits that the
charge-sheet has been submitted in this case.
Considering the nature of the allegations and the involvement
of the petitioner in the incident as well as the fact that the charge-
sheet submitted, there may be no necessity to take the petitioner
into custody at this stage.
Accordingly, in the event of arrest, the petitioner is directed to
be released on bail upon furnishing a bond 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 laid
down in Section 438(2) of the Code of Criminal Procedure, 1973.
In addition, the petitioner will attend the trial on every day
that the matter is fixed and any default on the part of the petitoner
will entitle the trial court to cancel the bail without reference to this
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to
the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Suvra Ghosh, J. )