CRM 520 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 15.01.2018 in connection with Dhantala
P.S. Case No.389 of 2017 dated 26.11.2017 under Sections 498A/307 IPC.
In the matter of : Rabindra Nath Roy
Mr. Subir Debnath, Adv.
….. For the Petitioner
Mr. Aniket Mitra, Adv.
….. for the State
It is submitted on behalf of the petitioner that there was a
matrimonial dispute between the parties and various cases are
pending by and between the parties.
Learned lawyer for the State produces the case diary and
opposes the prayer for bail.
Having considered the materials in the case diary and bearing
in mind the nature of allegations in the light of the aforesaid
submission on behalf of the petitioner, we are of the opinion that
custodial interrogation of the petitioner is not necessary in the facts
of the case but his movement requires to be restricted in order to
instill confidence in the mind of the victim.
Accordingly, we direct that in the event of arrest the petitioner
he shall be released on bail upon furnishing bond of Rs.10,000/-(
Rupees Ten Thousand only) with two sureties of like amount each,
to the satisfaction of the arresting officer and also subject to the
conditions laid down in sub-section (2) of Section 438 of the Code of
Criminal Procedure, 1973 and on further condition that he shall not
enter the jurisdiction of Dhantala Police Station until further orders
without express permission of the Court below except for attending
the police station and he shall provide address where he will
presently reside to the investigating officer as well as the Court
The application for anticipatory bail is, thus, allowed.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)