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.)