rkd Ct. No.28
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.
In the matter of: Anupam Bhowmik
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
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
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
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)