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Judgments of Supreme Court of India and High Courts

Lal Bahadur Khan vs Unknown on 14 February, 2019

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66 14.02.2019

AB Court 28 C.R.M. 1479 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Jalangi P.S.
Case No.664 of 2017 dated 8.8.2017 under Sections 498A/313
34 of the Indian Penal Code

And

In the matter of : Lal Bahadur Khan

…Petitioner.

Ms. Minoti Gomes,
Mr. J. I. Hossain …for the Petitioner.

Mr. Goutam Banerjee…for the State.

It is submitted on behalf of the petitioner that he has

been falsely implicated in the instant case due to matrimonial

dispute. The allegation of forcible abortion is out and out false

and there is inordinate delay in lodging the First Information

Report.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

We have considered the materials on record and we note

that there are no medical papers relating to forcible abortion. We

have, however, perused the statement of the Medical Officer at

page 18 of the case diary which discloses examination of the

victim four months prior to the registration of First Information

Report.

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In view of the aforesaid fact, we are of the opinion that

custodial interrogation of the petitioner is not necessary and he

may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) 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 and on further

condition that he shall appear before the court below and pray

for regular bail within a fortnight from date.

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.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)
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