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Jitendra Shaw @ Banti vs Unknown on 17 May, 2018





C.R.M. 2830 of 2018

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 15.05.2018 in connection
with Serampore Women P. S. Case No.14 of 2018 dated
16.03.2018 under Sections 498A/406/313/506 of the Indian
Penal Code.

In the matter of : Jitendra Shaw @ Banti.

… Petitioner.

Mr. Arup Kr. Bhowmick.

…for the Petitioner.

Mr. Avik Ghatak.

…..for the State.

Heard the learned Counsel appearing on behalf of the

petitioner and the State.

It is submitted on behalf of the petitioner that the instant

case was registered in retaliation to a matrimonial suit filed

against the defacto complainant by the petitioner.

Learned Advocate appearing for the State produces the Case

Diary and opposes the prayer for bail.

We have considered the materials on record and we find that

the instant case was registered as a counter blast to a matrimonial

proceeding instituted by the petitioner and as the abortion had

allegedly occurred in 2017 and there inordinate delay in lodging

the First Information Report with reference to such accusation.

Under such circumstances, we are inclined to grant

anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the

petitioner, namely, Jitendra Shaw @ Banti shall be released on bail

upon furnishing a bond of Rs.10,000/- with two sureties of like

amount to the satisfaction of the arresting officer and subject to

the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the

petitioners shall meet the I.O. once in a week until further orders.

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

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

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