CRM No. 5393 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 26.7.2018 in connection
with Manikchak Police Station case No.245/2016 dated 23.06.2016
under section 498A/302/34 of the Indian Penal Code (G.R. Case
Mr.Amitabha Karmakar, Advocate
Mr. Arup Kr. Bhowmick, Advocate
..for the Petitioner
Mr. Sudip Ghosh, Sr. Govt. Advocate
Mr. Bitasok Banerjee, Advocate
.. for the State
The petitioner seeks anticipatory bail in connection with
Manikchak Police Station case No.245/2016 dated 23.06.2016
under section 498A/302/34 of the Indian Penal Code (G.R.
The case, as alleged in the FIR, appears to be serious.
The State says that the charge-sheet has already been filed.
According to the State, there are credible witnesses who
described the torture inflicted on the victim by the relatives of
the husband. The State also points out that the death occurred
within two years of marriage and about three months after a
child was born to the victim.
The petitioner is the father-in-law of the victim and says
that four of the FIR-named persons, including the husband of
the victim, have been enlarged on bail.
Since the investigation is complete and the State cannot
demonstrate why the petitioner is required to be specially
detained in custody, the petitioner is afforded anticipatory bail
subject to the conditions indicated.
In the event of arrest, the petitioner will be granted bail
upon furnishing a security 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
as laid down in Section 438 (2) of the Code of Criminal
Procedure, 1973. In addition, the petitioner will also attend the
trial on a regular basis on the dates fixed. In default of the
petitioner attending the trial, the trial court will be at liberty to
cancel the petitioner’s bail without reference to this Court.
The petition for anticipatory bail is allowed as above.
A certified copy of this order be immediately made available
to the petitioner subject to compliance with all requisite
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )