C.R.M. 5083 of 2019
Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.
In re : Gokul Behari Nanda……………petitioner
Mr. Soumya Basu Chowdhury …….for the petitioner
Mr. Narayan Prasad Aggarwal……..for the State
Apprehending arrest in course of investigation of Durgapur Police
Station F.I.R. No. 08 of 2019 dated 06.01.2019 under Sectionsections
498A/Section406/Section323/Section504/Section506/Section307/Section34 of the Indian Penal Code, the petitioner has
applied for anticipatory bail.
We have heard learned advocates for the parties and perused the
materials in the case diary. It appears that the petitioner and the victim’s
marriage was solemnised in the year 2000. In their wedlock a son was born in
2006. The F.I.R. was registered upon the victim moving an application under
Sectionsection 156(3) of the Code of Criminal Procedure, 1973 (hereafter the ‘SectionCr.P.C.’)
before the relevant magistrate. However, at or about the same time, the
petitioner approached the civil court and instituted a suit for divorce under
Sectionsection 13 of the Hindu Marriage Act, 1955.
If indeed the conduct the petitioner was such that he has committed
an offence under Sectionsection 498A of the Indian Penal Code, it appears to us to be
quite strange as to why the victim did not approach the law enforcement agency
at any prior point of time. The possibility of the application under Sectionsection 156(3)
of the Cr.P.C. being a counter-blast to the suit of the petitioner, cannot be
totally ruled out. That apart, there is no injury report in the case diary.
Having regard to such state of affairs, we are of the considered
opinion that personal liberty of the petitioner may not be curtailed at this stage
and that it is a fit and proper case for making direction, as prayed for.
Accordingly, it is directed that in the event of arrest, the petitioner
shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five
Thousand) only with two sureties of like amount one of whom must be local, to
the satisfaction of the arresting officer and also subject to the conditions laid
down in sub-section (2) of Section 438 of the Cr.P.C.
The application is, thus, disposed of.
(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)