C.R.M.8166 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18/09/2018 in
connection with Beliaberah P.S. Case No.47 of 2018 dated
gd 06/07/2018 under Sections 498A/328/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.
In the matter of: Mihir Show @ Sahoo.
Mr. S. Das Mahapatra
…for the petitioner.
Mr. Aditi Shankar Chakraborty
Ms. Sima Biswas
…for the State.
The petitioner seeks anticipatory bail in connection with
Beliaberah P.S. Case No.47 of 2018 dated 06/07/2018 under
Sections 498A/328/34 of the Indian Penal Code and Sections
3/4 of the Dowry Prohibition Act.
The petitioner claims that the complaint was lodged after
the petitioner applied for annulment of the marriage on
discovering that the wife was previously married and the wife
also had a child.
The State produces the case diary and the allegations are,
inter alia, to the effect that the victim was induced to have a
miscarriage upon having some pills provided by the petitioner
Considering the fact that the victim’s original marriage
may still be subsisting, there is no need to take the petitioner
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 also
report to the Investigating Officer at such time and place as may
be specified by the concerned police officer.
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.)
(Abhijit Gangopadhyay, J.)