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Judgments of Supreme Court of India and High Courts

Rabin Roy vs Unknown on 28 November, 2019

1

80 28.11.2019
rkd Ct. No.28 C.R.M. 11153 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 27/11/2019 in
connection with Berhampore P.S. Case No. 1217 of 2019 dated
22/09/2019 under Sections 498A/Section406 of the Indian Penal
Code and under Sections 3/4 of the D.P. Act.

And

In the matter of: Rabin Roy
….petitioner.

Mr. D. Dandapath
…for the petitioner.

Ms. S. Das
…for the State.

It is submitted on behalf of the petitioner that the instant case

is a product of matrimonial dispute between him and the defacto

complainant wife.

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 general and omnibus nature of allegations in the light of the

aforesaid submission made on behalf of the petitioner and as the case

has been registered after 28 years of marriage, we are inclined to grant

anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail

upon furnishing a Bond of Rs. 10,000/- 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 he shall

meet the investigating officer once in a week until further orders and

that he shall appear before the court below and pray for regular bail

within four weeks from date.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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