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65 11.07.2018
AB Court 28

C.R.M. 4670 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Dum Dum
P.S. Case No.603 of 2018 dated 28.6.2018 under Sections
498A/406/34 of the Indian Penal Code

And

In the matter of : Indrajit Ghosh Ors.

…Petitioners.

Mr. J. N. Chatterjee,
Mr. Dwipayan Biswas …for the Petitioners.

Mr. S. S. Imam,
Mr. R. Jana …for the State.

It is submitted on behalf of the petitioners that the

instant case is a counter blast to a suit for restitution of

conjugal rights filed by petitioner no.1 against the defacto

complainant – wife.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

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

submission made on behalf of the petitioners, we are of the

opinion though custodial interrogation of the petitioners may not

be necessary, they require to cooperate with the investigation in

accordance with law.

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Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) each 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 petitioner no.1 shall meet the Investigating Officer

of the case once a week until further orders.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)