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44 25.07.2018

C.R.M. 5132 of 2018
sg Ct. No.34
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure.

(Allowed) Subrata Mondal
Versus
State of West Bengal

Mrs. Minoti Gomes, Adv.
…for the petitioner.
Faria Hossain, Adv.
Ms. Baisali Basu, Adv.
…for the State.

The petitioner seeks anticipatory bail in connection with Ghatal Police

Station Case No. 178 of 2018 dated 28.06.2018 under Sections

498A/323/406/506/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

The State opposes the prayer and says that the allegation of the petitioner’s

wife is that the petitioner tried to smother her with a pillow.

Since it appears that the victim is now residing with her parents and not at

her marital home, there may not be any need to detain the petitioner for any

custodial interrogation.

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

under Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the

petitioner will also report to the Investigating Officer at such time and place as may

be specified by the concerned police officer.

The petition for anticipatory bail is allowed on the conditions indicated

above.

A certified copy of this order be immediately made available to the

petitioner, subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)