C.R.M. No. 10278 of 2019
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on
05.11.2019 in connection with Daspur Police Station Case No. 402 of 2019 dated 11.10.2019 under
Sections 498A/Section323/Section307/Section406/Section34 of the Indian Penal Code and Sections 3/Section4 of Dowry Prohibition Act.
In Re: Sri Avijit Bera Ors. ….. petitioners
Mr. Prasenjit Debnath
…..for the petitioners
Ms. Sonali Bhar
….for the State
Mr. Pappu Adhikari
….. for the defacto complainant
Having considered the materials on record and bearing in mind
the nature of allegations in the light of he submission that a
matrimonial suit is pending by and between the parties and as the
incident occurred 12 years after marriage, we are inclined to grant
anticipatory bail to the petitioners.
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 and on
further condition that they shall appear before the court below and
pray for regular bail within a period of four weeks from date.
This application for anticipatory bail is, thus, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)