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An Application For Anticipatory … vs Sankar Das Adhikary on 26 July, 2018

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39 26.07.2018
ss Allowed
C.R.M. 5257 of 2018

In the matter of : An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 25.07.2018 in connection with
Pingla P.S. Case No. 131 of 2018 dated 09.07.2018 under sections
498A/323/506/34 of the Indian Penal Code.

And

In the matter of : Sankar Das Adhikary

… … petitioner
Mr. Mritunjoy Chatterjee
… … for the petitioner
Ms. Kakali Chatterjee
… … for the State

The petitioner seeks anticipatory bail in connection with Pingla P.S.

Case No. 131 of 2018 dated 09.07.2018 under sections 498A/323/506/34

of the Indian Penal Code.

The petitioner claims that because of family disagreements, a false

complaint has been lodged by his wife.

The State produces the case diary and says that there is history of

complaints against the petitioner and his treatment of his wife and

children. The State points out the statement issued by the father of the

petitioner complaining of the petitioner’s ill-behaviour.

In the light of the material against the petitioner, the petitioner may be

afforded anticipatory bail, but the petitioner should not enter his

residence, where his wife and children stay, till the investigation is
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completed. The petitioner will also be restrained from taking any steps to

cause his wife or children to leave his residence.

Subject to the above, in the event of arrest, the petitioner will be

granted bail upon furnishing security 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 as laid down in Section 438(2) of the Code

of Criminal Procedure, 1973. In addition, the petitioner is directed to meet

the investigating officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions as

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.)

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