rkd Ct. No.28
C.R.M. 5761 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04/07/2019 in
connection with Pukhuria P.S. Case No. 199 of 2019 dated
13/06/2019 under Sections 498A/Section308/Section34 of the Indian Penal
Code and under Sections 3/4 of the D.P. Act.
In the matter of: Ajimuddin Miyna @ Ajimuddin Mia Ors.
Ms. M. Gomes
…for the petitioners.
Mr. A. Ganguly,
Mr. S. K. Dan
…for the State.
It is submitted on behalf of the petitioners that the dispute
arose out of a matrimonial discord and they have been falsely
implicated in the instant case.
Learned counsel appearing on behalf of the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing in mind
the nature of allegations in the light of the aforesaid submission made
on behalf of the petitioners and as the injury on the victim is simple,
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/- with two sureties of like
amount each to the satisfaction of the Arresting Officer and also be
subject to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure, 1973 and on further condition that they shall
meet the investigating officer once in a week until further orders and
that they shall appear before the court below and pray for regular bail
within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)