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Judgments of Supreme Court of India and High Courts

Sekh Pyar & Anr vs Unknown on 7 June, 2018

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129 07.06.2018

AB Court 28 C.R.M. 3415 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Bolpur P.S.
Case No.97 of 2018 dated 4.4.2018 under
Sections 498A/325/
307/354/504 of the Indian Penal Code read with Sections 3 /4
of the Dowry Prohibition Act

And

In the matter of : Sekh Pyar Anr.

…Petitioners.

Ms. Ameena Kabir…for the Petitioners.

Mr. Imran Ali …for the State.

It is submitted on behalf of the petitioners that the

instant case was instituted in retaliation to a suit for restitution

of conjugal rights filed by the petitioner no.1 against the defacto

complainant – wife.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

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 though custodial interrogation of the petitioners may not

be necessary, they require to cooperate with the investigation in

accordance with law.

Accordingly, we direct that in the event of arrest the
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petitioners shall 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 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that the petitioner no.1 shall meet the Investigating

Officer of the case once in a week until further orders.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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