ML- 09.10.2018 C.R.M. 8151 of 2018
317 Ct. No.34
sg In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
(Allowed) Sukhen Ghosh Ors.
State of West Bengal
Mr. Amanul Islam, Adv.
…for the petitioners.
Ms. Sonali Bhar, Adv.
…for the State.
The petitioners seek anticipatory bail in connection with Tehatta Police
Station Case No. 295 of 2018 dated 08.09.2018 under Sections
498A/325/326/307/34 of the Indian Penal Code.
The allegations are serious, but the victim is present in Court along with
her husband and even the minor child for exhibition.
In view of the victim now having returned to the matrimonial home, there
may not be any need to arrest the petitioner. However, any future complaint by the
victim against the husband may prompt the courts to take steps against the husband
even if she seeks to withdraw the same.
In the event of arrest, the petitioners are directed to be released on bail
upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each 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
petitioners 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
A certified copy of this order be immediately made available to the
petitioners, subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)