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