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Judgments of Supreme Court of India and High Courts

CRM/5083/2019 on 21 June, 2019

1

22 21.06.2019

PG
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.)
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