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.
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
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
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.)