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Judgments of Supreme Court of India and High Courts

Sections 498A/406/506/34 Of The … vs In Re : Subrata Saha & Anr on 6 January, 2020

1

06.01.2020
61

sdas
Allowed

C.R.M. 50 of 2020

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 02.01.2020 in connection with
Garfa Police Station Case No. 551 of 2019 dated 14.12.2019 under
Sections 498A/406/506/34 of the Indian Penal Code.

And

In Re : Subrata Saha Anr. …… petitioners

Mr. Shibaji Kumar Das
…..for the petitioners

Mr. Navanil De
….for the State

It is submitted by the learned Counsel appearing for the

petitioners that the incident occurred 28 years after marriage.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail and submits that the petitioners had wrongfully

detained the children of the couple.

Having considered the materials on record and bearing in mind

the nature of allegations in the light of the aforesaid submission made

on behalf of the petitioners, we are of the opinion that custodial

interrogation of the petitioners is not necessary and they may be

granted anticipatory bail.

2

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 conditions that petitioner no. 1 shall meet the investigating

officer once in a week until further orders and 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.

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

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