C.R.M. 347 of 2020
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06.01.2020 in connection
with Howrah Women P. S. Case No.52 of 2019 dated 06.11.2019
under Sections 498A/406/506/34 of the Indian Penal Code.
In the matter of : Kamal Ahmed.
Mr. Rajdeep Mazumdar,
Mr. Pritam Roy.
…..for the Petitioner.
Ms. Purnima Ghosh.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that he is the
father-in-law of the victim housewife and has been falsely
implicated in the instant case due to a matrimonial dispute.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail.
Learned Advocate appearing for the de-facto complainant
submits that the petitioner in collusion with others had
fraudulently encashed fixed deposits to the tune of Rs.21 lakhs
standing in her name. His client has been driven out from the
matrimonial home and has been denied maintenance.
These allegations are disputed by the learned Advocate
appearing for the petitioner. In order to show his bonafides,
petitioner undertakes to deposit a sum of Rs.21 lakhs before the
court below without prejudice to his rights and contentions of the
Having considered the materials on record and in view of the
fact that the instant case has arisen out of a matrimonial dispute
between the husband and wife and in the light of the aforesaid
undertaking, we are inclined to grant anticipatory bail to the
In the event, the petitioner deposits a sum of Rs.21 lakhs
before the court below, the said court shall keep the amount in a
auto renewing interest bearing fixed deposit account maintained
with the nationalized bank subject to the result of the litigation
without prejudice to the rights and contentions of the parties.
In the event the aforesaid deposit is made within two weeks,
the petitioner in the event of arrest shall be released on bail upon
furnishing a bond of Rs.10,000/- with two sureties of like amount
each, 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 condition that the petitioner
shall appear before the trial court and pray for regular bail within
four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh,J.) (Joymalya Bagchi, J.)