C.R.M. 8071 of 2018
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18/09/2018 in
connection with Marishda P.S. Case No. 85 dated 07/06/2018
under Sections 498A/302/34 of the Indian Penal Code read
with Section 4 of the Dowry Prohibition Act.
In the matter of: Srihari Koyal Ors.
Mr. Navanil De
…for the petitioners.
Mr. Sudip Ghosh
Mr. Apurba Kumar Datta
…for the State.
The petitioners seek anticipatory bail in connection with
Marishda P.S. Case No. 85 dated 07/06/2018 under Sections
498A/302/34 of the Indian Penal Code read with Section 4 of the
Dowry Prohibition Act.
The petitioners are the relatives of the husband of the
The State clarifies the position that the charge-sheet that
has been filed against these petitioners is under Section 498A
read with Section 34 of the Penal Code; while the charge-sheet
filed against the husband includes Section 306 thereof.
In such circumstances, there is no question of taking the
petitioners into custody.
Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties
of Rs.5,000/- (Rupees Five Thousand only) each, one of whom
must be local, to the satisfaction of the Arresting Officer, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973. In addition, the petitioners will
attend the trial on every day that the matter is fixed and any
default on the part of the petitioner will entitle the trial court to
cancel the bail without reference to this Court.
The petition for anticipatory bail is allowed on the
conditions indicated above.
A certified copy of this order be immediately made
available to the petitioners, subject to compliance with all
(Sanjib Banerjee, J.)
(Abhijit Gangopadhyay, J.)