C. R. M. 498 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 10.01.2019 in connection with Sonamukhi Police Station Case No. 136
of 2018 dated 04.11.2018 under Sections 498A/323/307/34 of the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition Act.
In Re: Jiban Ghosh Ors.
… … Petitioners
Mrs. Pampa Dey (Dhabal) .. Advocate
… … for the petitioners
Mr. Imran Ali .. Advocate
Ms. Sutapa Banerjee .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they have been falsely implicated
in the instant case due to matrimonial discord.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the aforesaid submissions made on behalf of the petitioners, we
are of the opinion that custodial interrogation of the accused/petitioners may not be
necessary in the facts of the present case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Jiban Ghosh, (2) Shaktipada Ghosh (3) Sadhana Ghosh, be released on
bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) 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
and on further condition that the petitioner no.1 shall meet the Investigating Officer once in
a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)