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
In the matter of : Lal Bahadur Khan
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
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
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,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Manojit Mandal, J.) (Joymalya Bagchi, J.)