C.R.M. No. 4593 of 2018
In Re.: An application under Section 438 of the Code of Criminal Procedure filed on
06.07.2018 in connection with Gopiballavpur Police Station Case No. 44 dated
20.06.2018 under Sections 498A/406/313/307/354 of the Indian Penal Code read with
Section 384 of the Dowry Prohibition Act.
In Re: Pradeep Kumar Mohapatra Ors. ……… petitioners
Mr. Subrata Ghosh
…for the petitioners
Mr. Madhu Sudan Sur, learned A.P.P.
Mr. Imran Ali,
Mr. Mirza Firoj Ahmed Begg
…. for the State
Mr. Diptangshu Basu
…. for the de facto complainant
It is submitted by the learned Counsel appearing for the
petitioners that they are in-laws of the victim housewife and have
been falsely implicated in the instant case. It is further submitted
that there is delay in lodging the first information report and
streedhan articles have been recovered .
Learned Counsel appearing for the de facto complainant
opposes the prayer for anticipatory bail and submits that the victim
housewife was subjected to indecent advances and was also forced to
Learned Counsel appearing for the State opposes the prayer for
We have considered the materials on record and we find from
the medical report that the allegation of assault is attributable to the
husband who is presently in custody. There is some delay in lodging
the first information report. Th statement of the victim recorded
under Section 164 of the Code of Criminal Procedure with regard to
the indecent advances is not corroborated of any contemporaneous
report to the law enforcement authorities.
In view of the aforesaid facts, we are of the opinion that though
custodial interrogation of the petitioners may not be necessary in the
instant case, they require to co-operate with the investigation in
accordance with law.
Accordingly, we direct that in the event of arrest the petitioners
shall be released on bail upon furnishing a bond of Rs.10,000/- each,
with two sureties of like amount each, to the satisfaction of the
arresting officer and also subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973 on
condition that petitioner no. 4 shall meet the investigating officer
once in a week until further orders.
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)