AB Court 28 C.R.M. 2168 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Howrah
Women P.S. Case No.9 of 2018 dated 16.2.2018 under Sections
498A/354/376/511/34 of the Indian Penal Code
In the matter of : Md. Mumtaz Alam @
Mumtaz Alam Anr.
Mr. Alok Mondal …for the Petitioners.
Ms. Purnima Ghosh …for the State.
It is submitted that the petitioner no.1 is the father-in-
law of the victim housewife and he has been falsely implicated in
a series of cases.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
We have considered the materials on record and we find
that the petitioner no.1 was implicated in an earlier case being
Howrah P.S. Case No. 30 of 2018 dated 19.1.2018 by the defacto
complainant and has been enlarged on bail. Subsequently the
instant case has been registered.
In view of the aforesaid facts and bearing in mind the
nature of allegations and the preexisting enmity between the
parties, we are of the opinion that custodial interrogation of the
petitioners is not necessary and they may be granted
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing 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 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 meet the Investigating Officer of the
case once in a week until further orders.
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
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)