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09.07.2019
.
94.
as
(Allowed).
C.R.M. 5847 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.7.2019 in connection
with Salboni P.S. Case No.137 of 2019 dated 28.06.2019 under
Sections 498A/Section506 of the Indian Penal Code and Sections 3 and Section4
of the Dowry Prohibition Act.
In the matter of : Purnendu Ghosh.
… Petitioner.
Mrs. Joyita Roy.
…for the Petitioner.
Mr. Chittaranjan Ghosh.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that the dispute arose
out of a matrimonial discord.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the victim housewife is a deaf and dumb
lady.
We have considered the materials on record and bearing in
mind the nature of allegations and in view of the absence of medical
evidence in support of physical assault, we are inclined in granting
anticipatory bail to the petitioner.
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Accordingly, we direct that in the event of arrest the petitioner
viz., Purnendu Ghosh shall be released on bail upon furnishing a
bond of Rs.10,000/- with two sureties of like amount each, subject
to the satisfaction of the arresting officer and subject to the
conditions as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973 and subject to further condition that the petitioner
shall meet the investigating officer once in a week until further
orders and on further condition that the petitioner shall appear
before the trial court and pray for regular bail within four weeks from
date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)