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Jayanta Kumar Das @ Jayanta Das vs Unknown on 13 June, 2019

1

13.6.2019

KC (28)
(Allowed)
C.R.M. 4748 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.

In the matter of : 1.Jayanta Kumar Das @ Jayanta Das, 2.Mandan
Mohan Das, 3.Anjula Das @ Anjala Das, 4.Joy Das, 5.Moyna Das,

6.Smt. Monalisha Biswas.

……petitioners.

Mr. Suman Das Adhikary……………..For the petitioners.

Mr. Ashok Das……………………………For the State.

Apprehending arrest in connection with Barjora P.S. F.I.R.
No. 68 of 2019 dated 21st May, 2019 under Section 498A of the
Indian Penal Code read with Sections 3 and Section4 of the Dowry
Prohibition Act, the petitioners (victim’s husband and in laws) have
applied for anticipatory bail.

We have heard learned advocates for the parties and perused
the materials in the case diary. It appears that except the husband
(petitioner no. 1), the others have responded to the notices issued
under Section 41A of the Code of Criminal Procedure.

In so far as the husband (petitioner no. 1) is concerned, he
has instituted a suit for restitution of conjugal rights before the
appropriate civil Court. Since 16th January, 2019, the wife (de-
facto complainant) has been seeking time to file written statement.
Lodging of the F.I.R., out of which this application arises, on 21st
May, 2019 appears to be a counter-blast to the suit instituted by
the husband (petitioner no. 1).

2

In view of the aforesaid facts and circumstances, we are
inclined to admit the petitioners to anticipatory bail. It is
accordingly directed that in the event of arrest, the petitioners
shall be released on bail upon furnishing bond of Rs.5,000/-
(Rupees Five Thousand) each, with two sureties of like amount
each, one of whom must be local, to the satisfaction of the
arresting officer and subject to the conditions as laid down in sub-
section (2) of Section 438 of the Code of Criminal Procedure.

The application is, thus, allowed.

(SAUGATA BHATTACHARYYA,J.) (DIPANKAR DATTA,J.)

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