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Judgments of Supreme Court of India and High Courts

Smt. Namita Sadhukhan & Anr vs Unknown on 24 January, 2018


100 24.01.2018

C.R.M. 659 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 18/01/2018 in connection with
Charu Market P.S. Case No. 12/2018 dated 10.01.2018 under Sections
498A/406/34 of the Indian Penal Code.


In the matter of: Smt. Namita Sadhukhan Anr.

Mr. Sunirmal Nag, Adv.

Mr. Bharat Ch. Simai, Adv.

…for the petitioners
Mr. Dipanjan Datta, Adv.

Mrs. R. Saha, Adv.

…for the State

It is submitted on behalf of the petitioners that a matrimonial suit is pending by and

between the parities and the instant criminal proceeding has been instituted in order to exert

pressure upon the petitioners.

Learned lawyer for the de-facto complainant submits that the petitioners subjected her

client to mental and physical pressure.

We have considered the materials on record and we find that the matrimonial suit is

pending by and between the parties. During the pendency of the said suit the instant case has been

registered. In view of the aforesaid fact and bearing in mind the nature of allegations, we are of the

opinion that though the custodial interrogation of the petitioners may not be necessary, the

petitioners require to cooperate with the process of investigation in accordance with law.

Accordingly, the petitioners may be granted anticipatory bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing bond of

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each to the

satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973 on further condition that the petitioners shall meet the

Officer-in-Charge of the Charu Market Police Station 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.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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