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04.02.19
Sl. No.154
akd
[ALLOWED]
C. R. M. 522 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 11.01.2019 in connection with Jagatdal Police Station Case No. 1270
dated 11.11.2018 under Sections 341/323/498A/406/313/34 of the Indian Penal Code.
(G.R. Case No. 6788 of 2018)
And
In Re: Baddanath Dutta
… … Petitioner
Ms. Minoti Gomes .. Advocate
Mr. Susanta Kumar Pal .. Advocate
… … for the petitioner
Mr. S. S. Imam .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that he is the husband of the victim-
housewife and that he has been falsely implicated in the instant case. It is further
submitted that the allegation of physical assault on the pregnant lady resulting in
miscarriage is patently absurd and inherently improbable.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the victim-housewife was subjected to assault on 23rd June, 2018 and 28th
June, 2018 resulting in miscarriage. He relies on the USG reports of the victim in that
regard.
We have considered the materials on record. We do not find any averment in
the FIR that the victim-housewife was subjected to USG examination on 23rd June, 2018 –
the day on which she was physically assaulted resulting in miscarriage. There was no
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hospitalisation of the victim thereafter. In these circumstances, we are not inclined to give
credence to the medical reports collected in the course of investigation. Keeping in mind
the aforesaid facts and circumstances of the case, we are of the opinion that custodial
interrogation of the accused/petitioner may not be necessary in the facts of the present
case and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Baddanath Dutta, 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 and on further condition that he shall meet the
Investigating Officer once in a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)
