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(Allowed) Sukhen Ghosh & Ors vs State Of West Bengal on 9 October, 2018


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.)

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