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Matiur Rahaman vs Unknown on 15 January, 2019


M/L No.371
C.R.M. 53 of 2019

(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 03/01/2019 in
connection with Domkal P.S. Case No. 869/18 dated
22/11/2018 under Sections 498A/34 of the Indian Penal Code.


In the matter of: Matiur Rahaman

Mr. Asif Iqbal

…for the petitioner.

Mr. Narayan Prasad Agarwal
Mr. Debabrata Dasgupta

…for the State.

The petitioner seeks anticipatory bail in connection with

Domkal P.S. Case No. 869/18 dated 22/11/2018 under Sections

498A/34 of the Indian Penal Code.

The petitioner claims that the wife returned to her

paternal place within a few months of her marriage since the wife

had an affair with some other.

The State says that such statement of the petitioner is not

reflected from the case diary. The State refers to the allegations

of torture and demand for dowry as made by the complainant.

Considering the nature of the complaint and the

circumstances, there may not be any need to take the petitioner

into custody at this stage as long as he cooperates with the


Accordingly, in the event of arrest, the petitioner is

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only), with two sureties of

Rs.5,000/- (Rupees Five Thousand only) each, one of whom must

be local, to the satisfaction of the Arresting Officer, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973. In addition, the petitioner will report to the

Investigating Officer at such time and place as may be specified

by the concerned police officer, till the investigation is completed.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioner, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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