rkd Ct. No.28 C.R.M. 1762 of 2019
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.
In the matter of: Hara Prasad Naskar @ Horo Prosad Naskar
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
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.)