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.
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.
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.)