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Judgments of Supreme Court of India and High Courts

Anupam Bhowmik vs Unknown on 26 June, 2019

1

109 26.06.2019

rkd Ct. No.28
(Allowed)
C.R.M. 5194 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19/06/2019 in
connection with Haridevpur P.S. Case No. 212 of 2019 dated
01/06/2019 under Section 498A/Section406/Section34 of the Indian Penal
Code and under Sections 3/4 of the D.P. Act.

And

In the matter of: Anupam Bhowmik
….petitioner.

Mr. A. Ghosh
…for the petitioner.

Ms. S. Banerjee
…for the State.

It is submitted on behalf of the petitioner that the defacto

complainant had earlier approached this Court seeking custody

of the minor child. Subsequently, the instant criminal case has

been instituted against the petitioner in order to harass and

humiliate him.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the defacto

complainant and his daughter were assaulted.

We have considered the materials on record. Defacto

complainant had approached this court for custody of the minor

child and an order was passed therein. Bearing in mind the

nature of allegations in the light of pre-existing enmity between

the parties relating to custody of the minor child, we are of the

opinion though custodial interrogation of the petitioner may not

be necessary, petitioner requires to cooperate with the

investigation in accordance with law.

In the event of arrest, the petitioner shall be released on

bail upon furnishing a Bond of Rs. 10,000/- with two sureties of

like amount each to the satisfaction of the Arresting Officer and

also be subject to the conditions as laid down under Section
2

Section438(2) of the Code of Criminal Procedure, 1973 and on further

condition that he shall meet the investigating officer once in a

week until further orders and that he shall appear before the

court below and pray for regular bail within a fortnight from

date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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