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Manwar Hossain & Others vs Unknown on 14 March, 2019


127 14.03.2019

AB Court 28 C.R.M. 3079 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Nadial P.S.
Case No.25 of 2019 dated 4.3.2019 under Sections 498A
406/34 of the Indian Penal Code read with Sections 3 /4 of the
D. P. Act

In the matter of : Manwar Hossain Others


Mr. R. S. Chatterjee,
Mr. Soumen Banerjee,
Mr. Anindya Sunder Das,
Mr. Rameshwar Sinha,
Mr. P. Basak,
Ms. A. Sarkar …for the Petitioners.

Mr. N. P. Agarwala,
Ms. Subhasree Patel…for the State.

It is submitted on behalf of the petitioners that the

allegations are out and out false and they have been falsely

implicated in the instant case due to marital discord.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail and submits that streedhan articles

have not yet been recovered.

Having considered the materials on record and bearing

in mind the nature of allegations, we are of the opinion though

custodial interrogation of the petitioners may not be necessary,

petitioner no.1 requires to cooperate with investigation with

regard to the recovery of streedhan articles, if any, in accordance

with law.


Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) each 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 they shall appear before the court below and pray

for regular bail within a fortnight from date and petitioner no.1

shall meet the Investigating Officer once a week until further


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

legal formalities.

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

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