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Judgments of Supreme Court of India and High Courts

An Application For Anticipatory … vs Hiranmoy Dutta & Anr on 2 January, 2018

1

64. January 2, C.R.M. 13070 of 2017
2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on December 21, 2017 in connection
with Bhatar Police Station Case No. 89 of 2017 dated March 10, 2017
under Sections 498A/304B/34 of the Indian Penal Code read with Sections
3 and 4 of the Dowry Prohibition Act;

And

In the matter of : Hiranmoy Dutta anr. …petitioners.

Versus
State of West Bengal …opposite party.

Mr. Abhijit Adhya,
Mr. Janardan Mondal,
…for the petitioners.

Mr. Saibal Bapuli,
Mr. Bibaswan Bhattacharya,
…for the State.

We have heard the learned advocates appearing for the parties and perused the
case diary.

It is submitted on behalf of the petitioners that they are the parents in law of the
victim/housewife and that they have been falsely implicated in the instant case.

The learned lawyer appearing on behalf of the State opposes the prayer for
anticipatory bail.

Having considered the materials in the case diary and bearing in mind the
general and omnibus nature of allegations and the fact that the principal accused, that is, the husband of
the victim has already granted regular bail, we are inclined in granting anticipatory bail to the
petitioners.

Accordingly, we direct that in the event of arrest of the petitioners, namely,
Hiranmoy Dutta and Nita Dutta, they shall be released on bail upon furnishing a bond of Rs. 10,000/-
(Rupees ten thousand) only each with two sureties of like amount to the satisfaction of the arresting
officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal
Procedure.

dns The application for anticipatory bail is, thus, allowed.

2

( Rajarshi Bharadwaj, J. ) ( Joymalya Bagchi, J. )

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