C.R.M. 10114 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 22.10.2019 in connection
with Sabang P. S. Case No.373 of 2019 dated 27.08.2019 under
Sections 498A/Section323/Section506/Section34 of the Indian Penal Code.
In the matter of : Sri Subhas Chandra Maity Ors.
Mr. Pradip Paul.
…for the Petitioners.
Mr. R. Jana.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that there was
matrimonial discord between petitioner no.3 and the de-facto
complainant and the said petitioner No.3 had approached the
appropriate authority for mediation. In retaliation, the criminal
case has been registered against the petitioners.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail.
We have considered the materials on record and bearing in
mind the nature of allegations in the light of the aforesaid
submission on behalf of the petitioners that the possibility of
mediation of the dispute cannot be ruled out, we are of the opinion
that the petitioners may be granted anticipatory bail, however,
subject to conditions.
Accordingly, we direct that in the event of arrest the
petitioners viz., Sri Subhas Chandra Maity, Sri Archana Maity, Sri
Abhinandan Maity and Sudipta Maity (Aditya) 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
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and on condition that the
petitioners shall appear before the trial court and pray for regular
bail within four weeks from date and on further condition that the
petitioner no.3 shall meet the investigating officer once in a week
until further orders.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)