rkd Ct. No.28 C.R.M. 580 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 16/01/2018 in
connection with Santipur P.S. Case No. 144 of 2017 dated
30/03/2017 under Sections 498A/328/34 of the Indian Penal
In the matter of: Adhir Biswas Anr.
Mr. P. Majumder
…for the petitioners.
Mr. S. S. Imam,
Mr. S. Kundu
…for the State.
It is submitted on behalf of the petitioners that the victim
housewife suffered from mental depression and tried to commit
suicide. She was treated by her husband and after two months
she has instituted the instant criminal case.
Learned counsel for the State opposes the prayer for
anticipatory bail and submits that the petitioner had compelled
the victim to consume poison.
We have perused the medical papers wherein it is
endorsed that the victim was suffering from mental depression.
In view of the aforesaid fact and that there is delay in lodging the
first information report, we are inclined to grant anticipatory bail
to the petitioners.
In the event of arrest, the petitioners shall be released on
bail upon furnishing a Bond of Rs. 10,000/- each with two
sureties of like amount each to the satisfaction of the Arresting
Officer and also subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)