rkd Ct. No.28
C.R.M. 1826 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12/02/2019 in
connection with Gopalnagar P.S. Case No. 546 of 2017 dated
22/07/2017 under Sections 498A/306/34 of the Indian Penal
Code and under Sections 3/4 of the D.P. Act.
In the matter of: Sandhya @ Subadhya Biswas Ors.
Mr. M. K. Mukherjee,
Mr. G. K. Nath
…for the petitioners.
Mr. R. Mukherjee,
Ms. S. Bhattacharya
…for the State.
It is submitted on behalf of the petitioners that the
incident occurred thirteen years after the marriage.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that the petitioners
had absconded for a period of time.
We have considered the materials on record. We note that
the incident occurred thirteen years after marriage and the
statutory presumptions under Section 113A/113B of the
Evidence Act are not attracted in the facts of the instant case.
Under such circumstances and in view of the extent of complicity
of the petitioners in the alleged crime, we are inclined to grant
anticipatory bail to the petitioners.
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 they shall appear before the court below and pray
for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)