October 4, 2018.
CRM 7029 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Monimohan Buduk @ Manimohan
Buduk and others
The State of West Bengal
Mr Suman Chakraborty
… for the petitioners.
Mr A. S. Chakraborty
Mr M.F.A. Begg
… for the State.
The petitioners seek anticipatory bail in connection with
Khanakul Police Station Case No.226 of 2018 dated August 21,
2018 under Sections 498A/406/494/34 of the Indian Penal Code.
The petitioners say that after the institution of the present
petition, the petitioners responded to a notice issued under Section
41A of the Code and rely on a writing of the investigating officer
dated September 8, 2018 in such regard. The petitioners also
produce a seizure-list of September 16, 2018 evidencing the seizure
by the police authorities of major furniture and utensils from the
residence of the petitioners.
The petitioners claim that the jewellery was taken by the
victim along with her.
The State is represented and produces the case diary.
Considering the nature of the charges and the fact that the
major articles may have been surrendered by the petitioners, there
is no need to take the petitioners into custody at the moment.
Accordingly, in the event of arrest, the petitioners are directed
to be released on bail upon furnishing bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each, 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 petitioners will also report to the investigating officer
at such time and place as may be specified by the concerned police
The petition for anticipatory bail is disposed of on the
conditions indicated above.
A certified copy of this order be immediately made available to
the petitioners, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Abhijit Gangopadhyay, J. )