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Hara Prasad Naskar @ Horo Prosad … vs Unknown on 13 February, 2019

1

174 13.02.2019
rkd Ct. No.28 C.R.M. 1762 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 08/02/2019 in
connection with Baruipur P.S. Case No. 2156 of 2018 dated
01/12/2018 under Sections 498A/406/323/307/506/34 of
the Indian Penal Code.

And

In the matter of: Hara Prasad Naskar @ Horo Prosad Naskar
Anr.

….petitioners.

Mr. A. Chakraborty
…for the petitioners.

Ms. S. Bhattacharya,
Mr. A. Sen
…for the State.

It is submitted on behalf of the petitioners that there is a

matrimonial dispute between the defacto complainant and her

husband and a matrimonial proceeding is pending by and

between the parties. It is further submitted that the defacto

complainant was residing at her paternal home at the time of

occurrence and the allegations of physical assault are patently

absurd and inherently improbable.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail.

We have considered the materials on record. We find that

the instant case was registered after the defacto complainant was

notified with regard to the pendency of divorce proceeding

between herself and her husband. In this backdrop, the

truthfulness of the allegation of assault on her at her

matrimonial home requires to be established in the course of

trial. Under such circumstances, we are inclined to grant

anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on

bail upon furnishing a Bond of Rs. 10,000/- each 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
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Section 438(2) of the Code of Criminal Procedure, 1973.

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

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

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