C.R.M. No. 1272 of 2020
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure
filed on 05.02.2020 in connection with Siliguri Women Police Station Case No. 06 of 2020 dated
26.01.2020 under Sections 498A of the Indian Penal Code read with Sections 3/4 of the Dowry
In Re: Sri Pratik Agarwal alias Pratik Agarwal (Tebriwal) Ors. ……… petitioners
Mr. Rajdeep Majumder
Mr. Pritam Roy
…for the petitioners
Ms. Sonali Bhar
…. for the State
Mr. Dipak Kumar Sengupta, Sr. Adv.
Mr. Debashis Sinha
Mr. Bibhasaditya Chakraborty
Mr. Mritunjoy Chatterjee
….. for the defacto complainant
It is submitted by the learned Counsel appearing for the
petitioners that they have been falsely implicated in the instant case
over a matrimonial dispute. It is further submitted that the instant
case is a product of matrimonial dispute between the petitioner no. 1
and the defacto complainant/wife. It is also submitted that the
marriage took place in 2014 and the allegation of physical assault is out
and out false.
Learned senior Counsel appearing for the defacto
complainant/wife submits that his client was physically assaulted
resulting in her miscarriage. Notice has been issued to the nursing
home where the victim was admitted by the investigating agency for
collection of relevant documents.
Learned Counsel appearing for the petitioners submits that the
incident occurred in 2014 whereas F.I.R. was registered in 2020.
We have considered the rival submissions levelled on behalf of
the parties. F.I.R. was registered in 2020 whereas the allegation
relating to miscarriage was in 2014. With regard to the allegation of
physical assault in 2020, we have examined the relevant medical
documents. No significant injury is noted in the medical report.
In view of the aforesaid facts, we are of the opinion that though
custodial interrogation for progress of investigation may not be
necessary, petitioners require to co-operate with the investigation in
accordance with law.
Accordingly, we direct that in the event of arrest the petitioners
shall be released on bail upon furnishing a bond of Rs.50,000/- each,
with two registered sureties of Rs.25,000/- 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 conditions that petitioner no. 1 shall meet the investigating
officer once in a week until further orders and they shall appear before
the investigating officer and hand over their passports, if any, within
fortnight from date. In the event they do not have passports, they shall
personally appear before the investigating officer and furnish affidavits
to that effect within the time frame mentioned hereinabove.
This application for anticipatory bail is, thus, allowed.
Personal appearance of the investigating officer is noted and
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)