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Prohibition Act vs In Re: Neal Sengupta & Ors on 22 July, 2019

1

22.07.2019

Sl No.83
AP
CRM 6385 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 19.07.2019 in connection with Kotulpur Police
Station Case No. 82 of 2019 dated 06.07.2019 under Sections
498A/Section323/Section406/Section506 of the Indian Penal Code and Sections 3/Section4 of the Dowry
Prohibition Act.

And

In Re: Neal Sengupta Ors.

… … Petitioners.

Mr. Sujit Bhunia
… for the petitioners.

Ms. Anasuya Sinha
… … for the State.

It is submitted on behalf of the petitioners that the instant case was

instituted in retaliation to a suit for restitution of conjugal rights filed by the

petitioner No.1 against the de facto complainant.

Learned counsel appearing on behalf of the State opposes the prayer for

anticipatory bail.

Having considered the materials on record and bearing in mind the nature

of allegations in the light of the aforesaid submission made on behalf of the

petitioners, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners 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
2

Section438(2) of the Code of Criminal Procedure, 1973 and on further condition that the

petitioner No.1 shall meet the investigating officer once in a week until further

orders and on condition that the petitioners shall appear before the court below

and pray for regular bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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