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Judgments of Supreme Court of India and High Courts

Of The Dowry Prohibition Act vs In Re on 16 January, 2019

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16.01.2019

12 md.

Allowed
CRM No. 125 of 2019
In Re:- An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 3rd January, 2019 in connection with Contai Police
Station Case No.328 of 2018 dated 28.09.2018 under
Sections
498A/
323/325/307/376/511 of the Indian Penal Code read with Sections 3/4
of the Dowry Prohibition Act.

And
In Re:-

Mallika Ghorai @ Mallikabala Ghorai
… Petitioner
Mr. Arindam Jana,
Mr. Soumik Pramanick,
Mr. Soumyajit Chatterjee
… for the petitioner

Mr. Narayan Prasad Agarwal,
Mrs. Subhashree Patel
..for the State

The petitioner seeks anticipatory bail in connection with Contai Police

Station Case No.328 of 2018 dated 28.09.2018 under Sections

498A/323/325/307/376/511 of the Indian Penal Code read with Sections 3/4

of the Dowry Prohibition Act.

The State produces the case diary and refers to the statement of the victim

recorded under Section 164 of the Code and at least one injury report.

Considering such material, there may not be any need to detain the

petitioner, subject to an additional condition being imposed.

In addition to the regular conditions, the petitioner is required to make a

deposit of a sum of Rs. 20,000/- with the trial court so that in the event the

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petitioner is convicted of any charge, the money may be made over to the victim

by way of compensation.

Upon the deposit being made, the trial court will invest it by way of a fixed

deposit with any nationalised bank. In the event the petitioner is convicted of

any of the charges, the total amount (inclusive of interest) will be made over to

the victim. If, however, charges are not pressed against the petitioner or the

petitioner is acquitted thereof at the trial, the entire money, together with

interest then accrued thereon, will be refunded by the trial court to the

petitioner herein.

Subject to the above, in the event of arrest, the petitioner will be granted

bail upon furnishing a bond 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 attend the trial on every day fixed and any default on the

petitioner’s part will entitle the trial court to cancel the bail without further

reference to this Court.

CRM 125 of 2019 is allowed as above.

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A certified copy of this order be immediately made available to the

petitioner subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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