rkd Ct. No.28
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.
In the matter of: Sanjoy Kumar Ghosh
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
week until further orders and on condition that he shall appear
before the court below and pray for regular bail within a fortnight
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)