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Goutam Maity vs Unknown on 30 October, 2019


102 30.10.2019
rkd Ct. No.28 C.R.M. 9504 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 26/09/2019 in
connection with Potashpur P.S. Case No. 237 of 2019 dated
06/08/2019 under Sections 498A/Section307/Section325 of the Indian Penal
Code and under Sections 3/4 of the D.P. Act.


In the matter of: Goutam Maity

Mr. S. S. Imam
…for the petitioner.

Mr. S. Maity
…for the defacto complainant.

Mr. N. P. Agarwala,
Ms. S. Patel
…for the State.

It is submitted on behalf of the petitioner that the parties have

amicably resolved their matrimonial dispute. It is further submitted that the

ingredients of the alleged offence under Section 302 are not disclosed in the

facts of the case.

Learned counsel appearing on behalf of the defacto complainant

submits that she is presently residing with the petitioner.

Keeping in mind the nature of allegations in the light of the aforesaid

submission made on behalf of the petitioner, we are inclined to grant

anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon

furnishing a Bond of Rs. 2,000/- with two sureties of like amount each to the

satisfaction of the Arresting Officer and also be 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 appear before the court below and pray for

regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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