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Judgments of Supreme Court of India and High Courts

Sri Amit Saha & Ors vs State Of West Bengal on 17 May, 2018

1

146 17.05.2018

sg Ct. No.28 C.R.M. 2744 of 2018
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 15.05.2018 in connection with Durgapur P.S. Case No. 131/18
(Allowed) dated 02.04.2018 under Sections 498A/323/406/506/307/34 of the Indian Penal Code
and sections 3 and 4 of the D.P. Act.

Sri Amit Saha Ors.

Versus
State of West Bengal

Mr. S. Ghosh, Adv.

…for the petitioners.

Mr. N. P. Agarwal, Adv.

…for the State.

It is submitted on behalf of the petitioners that the instant case was

instituted in retaliation to a matrimonial suit filed on behalf of the petitioner

no.1 against the de facto complainant.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary 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 this is a fit case 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

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 once in a week until further orders.

The application for anticipatory bail is, thus, disposed of.

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

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