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Sections 3 And 4 Of The Dp Act vs Allowed on 8 February, 2019


tkm/ct 28 C.R.M. 1641 of 2019
sl no. 232

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 6.2.2019 in connection with Beniapukur P.S vide
FIR case no. 114 of 2018 dated 2.4.2018 under sections
498A/313/315/316/328/406/509/34 of the Indian Penal Code read with
sections 3 and 4 of the DP Act
In Re : Md. Rizwan Anr. …… petitioners

Mr. D.P. Mitra
…… for the petitioner

Mr. Rtanmay Kr. Ghosh
Mr. Arindam Sen
…… for the State

Mr. A. Bhandari
Mr. A. Bhattacharya
…… for the de facto complainant

It is submitted on behalf of the petitioners that miscarriage of

the victim had occurred three years prior to the incident. It is

further submitted that the victim died due to natural causes.

Learned lawyer for the de facto complainant opposes the

prayer for bail.

Learned lawyer for the State also opposes the prayer for bail.

We have considered the materials on record. We find that the

allegations of miscarriage are stale and there is no

contemporaneous compliant with regard to the alleged conduct of

the petitioners. That apart, the victim had died due to natural



In view of the aforesaid facts, we are of the opinion that

custodial interrogation of the petitioners may not be necessary and

they may be granted anticipatory bail.

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 be subject to the

conditions as laid down under section 438(2) of the Code of

Criminal Procedure, 1973.

The application being CRM 1641 of 2019 is disposed of.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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