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95 06.03.2019

rkd Ct. No.28
(Allowed)

C.R.M. 2512 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 01/03/2019 in
connection with Baguihati P.S. Case No. 24 of 2019 dated
10/01/2019 under Sections 498A/406 of the Indian Penal
Code read with Sections 3/4 of the D.P. Act.

And

In the matter of: Sanjoy Kumar Ghosh
….petitioner.

Ms. M. Debdas
…for the petitioner.

Mr. A. S. Chakraborty,
Ms. S. Banerjee
…for the State.

It is submitted on behalf of the petitioner that the instant

criminal case was registered in retaliation to a matrimonial suit

instituted by the petitioner/husband.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the petitioner

had misappropriated the stridhan articles.

Having considered the materials in the case diary and

keeping in mind the nature of allegations in the light of the

aforesaid submission of prior institution of a matrimonial

proceeding against the defacto complainant, we are of the

opinion though custodial interrogation of the petitioner may not

be necessary, petitioner requires to cooperate with the

investigation in accordance with law.

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
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week until further orders and on condition that he 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.)