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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.)