C. R. M. 4455 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 23.04.2019 in connection with Shyampur Police Station Case No. 112
of 2019 dated 10.03.2019 under Sections 498A/Section406/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act.
In Re: Prabir Mondal Ors.
… … Petitioners
Mr. Tapash Kumar Mondal .. Advocate
… … for the petitioners
Mr. Imran Ali .. Advocate
Mr. Mirza Firoj Ahmed Begg .. 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 and that there is a matrimonial dispute between the petitioner no.1 and
the de-facto complainant.
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 fact that the
allegation of attempting to set the housewife on fire is not supported by documentary
evidence, 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
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Prabir Mondal, (2) Angurbala Mondal, (3) Gobardhan Mondal (4) Chaya
Rani Mondal be released on bail upon furnishing a 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 be subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973 and on further condition that they shall appear
before the court below and pray for regular bail within a fortnight from date and petitioner
no.1 shall meet the Investigating Officer once in a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)