C.R.M. 1870 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 10.01.2019 in connection
with Siliguri Woman P. S. Case No.02 of 2019 dated 04.01.2019
under Sections 498A/315 of the Indian Penal Code and Section 4
of the Dowry Prohibition Act.
In the matter of : Deepak Mohan.
Mr. Ayan Bhattacharya,
Ms. Labani Pan,
Mr. Rahul Sarkar,
Ms. T. Sengupta.
…for the Petitioner.
Mr. Avishek Sinha.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that there are
number of proceedings pending by and between the parties over a
matrimonial dispute. It is further submitted that he has been
falsely implicated in the instant case and the allegations are out
and out false.
Learned advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the petitioner has not co-
operated with the investigation and stridhan articles have not been
This, however, is denied and disputed by the learned
Advocate appearing for the petitioner.
We have considered the materials on record. We find that
there are number of proceedings pending by and between the
parties arising out of a matrimonial discord. Keeping in mind the
nature of allegations in the backdrop of the attending facts and
circumstances of the case, we are of the opinion that though
custodial interrogation of the petitioner is not necessary, he
requires to co-operate with the investigation in accordance with
Accordingly, we direct that in the event of arrest the
petitioner viz., Deepak Mohan 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 further condition that the
petitioner shall meet the investigating officer once in a week until
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)