C.R.M. No.9075 of 2019
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.09.2019 in connection
with Tehatta Police Station Case No.239/2019 dated 18.06.2019
for alleged offence punishable under Sections 498A/313/34 of the
Indian Penal Code.
In the matter of:-
Niranjan Ghosh anr.
Mr. Jayanta Narayan Chatterjee,
Mr. Nazir Ahmed,
Ms. Jayashree Patra,
Mr. Apalak Basu,
Mrs. Pramita Mukherjee
… for the petitioners
Mr. Goutam Wilson
…for the State
This application has been moved by the petitioners
apprehending arrest in connection with Tehatta Police Station
Case No.239/2019 dated 18.06.2019 for alleged offence
punishable under Sections 498A/313/34 of the Indian Penal
The principal accused in this case has already been enlarged
on anticipatory bail by an order passed on 9th September, 2019 in
C.R.M.8207 of 2019. The only allegation against the husband
principal accused as also the present petitioners is that the victim
was subjected to abortion against her will. We find from Case
Diary that the said incident happened few years back. The victim
subsequently conceived and she has got a child of eight years
which is not disputed. As nothing directly implicated against the
present petitioners to the commission of the alleged offence, we do
not find any justification for custodial interrogation for them and
we are, therefore, inclined to grant petitioners anticipatory bail.
Accordingly, we direct that in the event of arrest, the
accused/petitioners shall be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees ten thousand only), with two
sureties, to the satisfaction of Arresting Officer and on further
condition that the accused petitioners shall comply with the
conditions in Section 438 (2) of the Code of Criminal Procedure,
1973 and on further condition that petitioners shall ensure their
appearance before the trial Court and obtain regular bail within 15
days from date.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
C.R.M. No.9075 of 2019 stands disposed of.
A certified copy of this order be immediately made available to
the petitioners subject to compliance of all requisite formalities.
(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)