1
18.02.2019
.
94.
as
(Allowed).
C.R.M. 1777 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07.02.2019 in connection
with Jalpaiguri Women P. S. Case No.139 of 2018 dated
14.12.2018 under Sections 498A/313/109/307/34 of the Indian
Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
In the matter of : Mridul Bose.
… Petitioner.
Mr. Anirban Banerjee.
…for the Petitioner.
Mr. Tanmay Kr. Ghosh,
Sk. Arif Hossain.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that he has been
falsely implicated in the instant case due to matrimonial dispute.
It is further submitted that the allegation of forcible abortion is out
and out false and there is inordinate delay in lodging the first
information report.
Learned advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the petitioner was subjected
to torture as a result she suffered abortion and attempts were also
made to set the petitioner on fire.
2
We have considered the materials on record. It appears from
the medical papers that the victim suffered abortion in March,
2017 whereas the first information report was lodged in December,
2018. No explanation with regard to delay in lodging first
information report has been offered. That apart, no forensic report
supporting the allegation of pouring kerosene oil on the victim is
placed before us..
In view of the aforesaid facts, we are inclined to grant
anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the
petitioner viz., Mridul Bose 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 further condition that the
petitioner shall meet the Investigating Officer once in a week until
further orders.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)
3
