AB Court 28
C.R.M. 4186 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Kolaghat
P.S. Case No.165 of 2018 dated 12.4.2018 under Sections
498A/307/376/406/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act
In the matter of : Dinesh Adhikary
Md. Bani Israil,
Ms. Kanchan Gupta …for the Petitioner.
Mr. S. S. Imam,
Mr. Sandip Kundu …for the State.
It is submitted on behalf of the petitioner that he is the
brother-in-law of the victim housewife and has been falsely
implicated in the instant case.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
in mind the fact that the allegation of physical assault is not
supported by medical evidence, we are of the opinion that
custodial interrogation of the petitioner is not necessary and he
may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioner shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) with two sureties of
like amount each to the satisfaction of the arresting officer and
also subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, is to be supplied expeditiously after complying with all
necessary legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)