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
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)