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Section 498A Of The Indian Penal … vs In Re: Kalyan Kumar Sarkar on 18 February, 2020




C.R.M. No. 1810 of 2020

In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed
on 14.02.2020 in connection with Farakka Police Station Case No. 21 of 2020 dated 21.01.2020 under
Section 498A of the Indian Penal Code.

In Re: Kalyan Kumar Sarkar ……… petitioner

Ms. Minoti Gomes
…for the petitioner

Mr. Pratick Bose
…. for the State

It is submitted by the learned Counsel appearing for the

petitioner/husband of the victim housewife that he has been falsely

implicated in the instant case in retaliation to an earlier matrimonial suit

instituted by the husband of the victim housewife.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials on record and bearing in mind the

general and omnibus nature of allegations against the petitioner/husband

and in the light of the submission that the present case has been filed

after institution of matrimonial suit of the petitioner/husband, we are

inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that 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 conditions that the

petitioner shall meet the investigating officer once in a week until further

orders and shall appear before the investigating officer and hand over his

passport, if any, within two weeks from date. In the event he does not

have passport, he shall personally appear before the investigating officer

and furnish affidavit to that effect within the time frame mentioned


This application for anticipatory bail is, thus, allowed.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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