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Rakesh Kumar vs Unknown on 22 July, 2019





C.R.M. 5832 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.07.2019 in connection
with Durgapur P. S. Case No.271 of 2018 dated 24.06.2018 under
Sections 498A/Section406/Section323/Section504/Section386/Section307/Section34 of the Indian Penal
Code and Sections 3 / Section4 of the Dowry Prohibition Act.

In the matter of : Rakesh Kumar.

… Petitioner.

Mr. Priyanjit Kundu,
Mr. Debapratim Guha.

…for the Petitioner.

Mr. Anirban Banerjee.

…..for the State.

Mr. Abdur Rakib.

…for the de-facto complainant.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that he has already

returned the stridhan articles.

Learned Advocate appearing for the State opposes the prayer

for bail and disputes such contention.

In view of the rival versions of the parties and bearing in

mind the nature of allegations, we are of the opinion though

custodial interrogation may not be necessary, petitioner requires

to co-operate with investigation in accordance with law.

Accordingly, we direct that in the event of arrest the

petitioner viz., Rakesh Kumar 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 subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the

petitioner shall meet the investigating officer once in a week until

further orders and 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.)

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