CRM 3379 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with Bidhannagar South P.S. Case
No.137 of 2017 dated 13.08.2017 under Section 498A/306/34 of the Indian
Penal Code read with Section 4 of DP Act.
In the matter of : Rahul Gupta
Mr. Angshuman Chakraborty, Adv.
Mr. Shasshanka Shekhar Saha, Adv.
….. For the Petitioner
Mr. R. Nandy, Adv.
….. for the State
It is submitted on behalf of the petitioner that the victim
housewife committed suicide 8 years after the marriage.
Learned Advocate for the State produces the case diary and
opposes the prayer for bail.
We have considered the materials on record including the
statement of the minor child recorded under Section 164 CrPC.
Keeping in mind the fact that the suicide occurred 8 years after
marriage which does not attract the statutory presumption under
Section 113A/113B of the Evidence Act, we are of the opinion that
custodial interrogation of the petitioner is not necessary and he may
be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioner
shall be released on bail upon furnishing bond of Rs.10,000/-( Rupees
Ten Thousand only) with two sureties of like amount, 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 with further condition that he shall meet the
investigating officer once in a week until further orders.
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)