C.R.M. 5141 of 2018
sg Ct. No.34
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
(Allowed) Sujit Kumar Guha @ Sujit Guha
State of West Bengal
Mr. Jayjit Dutta, Adv.
Ms. Soma Chowdhury (Bandhu), Adv.
…for the petitioner.
Mr. Aditishankar Chakraborty, Adv.
Mrs. Sujata Das, Adv.
…for the State.
The petitioner seeks anticipatory bail in connection with Jalpaiguri Police
Station Case No. 747 of 2017 dated 15.09.2017 under Section 498A of the Indian
Penal Code read with Sections 3 and 4 of the D.P. Act.
The petitioner is the husband and there does not appear any allegation of
physical harm being caused by the petitioner to his wife.
The State is represented and says that the charge-sheet has been filed.
Since the investigation has been concluded, there may not be any need to
arrest the petitoiner.
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 attend the trial on every day fixed and any default on the petitioner’s
part will entitle the trail court to cancel the bail without further reference to this
The petition for anticipatory bail is allowed on the conditions indicated
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.)