C.R.M. 7445 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 09.08.2019 in connection
with Rejinagar P. S. Case No.138 of 2019 dated 09.06.2019 under
Sections 498A/Section448/Section376/Section34 of the Indian Penal Code.
In the matter of : Mirjamal Sk. @ Sekh.
Mr. Mainak Gupta,
Mr. Prasun Mukherjee.
…for the Petitioner.
Ms. Faria Hossain,
Ms. Baisali Basu.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that the petitioner
is the father-in-law of the of the victim housewife and has been
falsely implicated in the instant case. No contemporaneous
complaint with regard to the immoral behaviour of the petitioner
was lodged by the de-facto complainant-lady.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the petitioner had attempted
to violate the victim lady in the matrimonial home.
Having considered the materials on record and bearing in
mind the nature of allegations in the light of the submission that
no contemporaneous complaint with regard to the misbehaviour
was lodged by the victim lady and as there is possibility of false
implication owing to strained relationship between the de-facto
complainant and her husband, we are inclined in granting
anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the
petitioner viz., Mirjamal Sk @ Sekh shall be released on bail upon
furnishing a bond of Rs.10,000/- with two sureties of like amount
each, to the satisfaction of the arresting officer and subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 and on condition that the petitioner
shall appear before the trial court and pray for regular bail within
four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)