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Judgments of Supreme Court of India and High Courts

CRM/249/2019 on 18 January, 2019

1

48.
18-01-2019

allowed
debajyoti
CRM No.249 of 2019

In re : Subhash Das
….. Petitioner.

Mr. Mrinal Kanti Mukherjee
….. For the Petitioner.

Mr. Subrato Roy
….. For the State.

The petitioner seeks anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Frezarganj Coastal Police Station Case No.92 of 2018 dated
07-12-2018 under Sections 498A and 406 of the Indian Penal
Code and Sections 3 and 4 of D. P. Act.

The State produces the case diary and refers to the
statements of the witnesses which reveal that the petitioner
being the husband of the defacto complainant meted out
torture upon her frequently. It is also found that the stridhan
articles of the defacto complainant have been wilfully retained
by the petitioner.

Considering the nature of the allegations against the
petitioner, there would be no need to take the petitioner into
custody at this stage.

However, the Investigating Officer is directed to
accompany the wife to the matrimonial home so that the wife
may point out the stridhan articles and the same may be
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seized by the Investigating Officer. Such exercise is to be
done within a fortnight from date.

Subject to above, in the event of arrest, the petitioner
will be granted bail upon furnishing a bond 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 will report to the Investigating
Officer at such time and place as may be specified by the
concerned police officer, till the investigation is completed.

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.

( Suvra Ghosh, J. ) ( Sanjib Banerjee, J. )

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