C. R. M. 8642 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.09.2019 in connection with Khanakul Police Station Case No. 255
of 2019 dated 13.09.2019 under Sections 498A/Section306/Section34 of the Indian Penal Code.
In Re: Sanjay Malik @ Sonu Malik Ors.
… … Petitioners
Mr. Keshab Chandra Das .. Advocate
… … for the petitioners
Mr. Sandip Chakraborty .. Advocate
… … for the State
Pursuant to the earlier direction, Investigating Officer is personally present
before this court. His presence is noted and dispensed with.
We are informed that the petitioner no.5 was arrested and released on bail.
Hence, the application for anticipatory bail in respect of petitioner no.5 namely, (5) Sujata
Sinha stands dismissed as infructuous.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the submissions that the incident occurred eight years after
marriage and statutory presumption under Section 113A of the Evidence Act is not
attracted in the facts of the present case, we are of the opinion that custodial interrogation
of the petitioner nos.1 to 4 may not be necessary in the facts of the present case and they
may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner nos.1 to
4, namely (1) Sanjay Malik @ Sonu Malik, (2) Sumitra Malik, (3) Sanjit Malik @ Bulet
Malik (4) Jhuma Malik, be released on bail upon furnishing a bond of Rs.10,000/-
(Rupees Ten thousand only) each, with two sureties of like amount each, to the
satisfaction of the arresting officer and also be subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition
that they shall appear before the court below and pray for regular bail within four weeks
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)