C.R.M. 4026 of 2018
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 19.06.2018 in connection with
Maynaguri P.S. Case No. 203 of 2017 dated 31.05.2017 under
Sections 498A/324/307/34 of the Indian Penal Code.
In the matter of: Mallika Sarkar Ors.
Mr. Santanu Maji
… for the petitioners
Mr. S.S. Imam
Mr. S. Kundu
… for the State
It is submitted on behalf of the petitioners that petitioner no. 1
is the mother-in-law and petitioner nos. 2 and 3 are brothers-in-law of
allowed the victim and have been falsely implicated in the instant case.
Learned counsel for the State opposes the prayer for bail.
We have considered the materials on record and in view of the
prima facie involvement of the petitioner nos. 2 and 3 in assaulting the
victim which is supported by medical evidence, we are not inclined to
grant anticipatory bail to them. However, bearing in mind the extent of
complicity of petitioner no. 1 in the alleged crime, we are inclined to grant
anticipatory bail to her.
Accordingly, we direct that in the event of arrest, the petitioner
no. 1 shall be released on anticipatory bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like
amount, to the satisfaction of the arresting officer and also subject to the
conditions as laid down under Section 438(2) of the Code of Criminal
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.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)