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Biswanath Dolai @ Bisanath Dolai & … vs Unknown on 18 November, 2019





C.R.M. 10627 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.11.2019 in connection
with Ghatal P. S. Case No.330 of 2019 dated 04.10.2019 under
Sections 498A/Section323/Section406/Section307/Section34 of the Indian Penal Code.

In the matter of : Biswanath Dolai @ Bisanath Dolai Ors.

… Petitioners.

Mr. Tushar Kanti Har,
Mr. Somnath Chakraborty
Mr. Sudip Chakraborty.

…for the Petitioners.

Mr. Goutam Wilson.

…..for the State.

Heard the learned Advocates appearing for the parties.

Learned Advocate appearing for the petitioners submits that

petitioner no.1 is the husband of the de-facto complainant/wife

and others are the members of her matrimonial family. They have

been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

Considering the material on record as well as the extent of

complicity of the petitioners in the alleged offence, we are inclined

to hold that custodial interrogation of the petitioners is not

required and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners 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 subject to the conditions as

laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on condition that the petitioners shall appear before the

trial court and pray for regular bail within four weeks from date

and on further condition that the petitioner no.1 shall meet the

investigating officer once in a week until further orders.

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

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)

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