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Judgments of Supreme Court of India and High Courts

Subha Maji vs Unknown on 4 April, 2019





C.R.M. 3789 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 01.04.2019 in connection
with Tamluk P. S. Case No.65 of 2019 dated 01.02.2019 under
Sections 498A/323/307/406/506/34 of the Indian Penal Code
and Section 4 of the Dowry Prohibition Act.

In the matter of : Subha Maji.

… Petitioner.

Mr. Mritunjoy Chatterjee,
Mr. Bhaskar Hutait,
Md. G. N. Imrohi.

…for the Petitioner.

Md. Anwar Hoosain,
Ms. Sreyashee Biswas.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that allegations of

attempting to suffocate the victim is out and out false.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail and submits that the petitioner led an

immoral life and attempted to murder the victim.

We have considered the materials on record. We note that

attempt to murder the victim is not supported by medical papers

and the other allegations of infidelity are to be proved in the course

of trial.


However, in the facts and circumstances of the case, we are

of the opinion that custodial interrogation of the petitioner is not

necessary and he may granted anticipatory bail subject to strict


Accordingly, we direct that in the event of arrest the

petitioner viz., Subha Maji shall be released on bail upon

furnishing a bond of Rs.10,000/- 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 further condition that the

petitioner while on bail shall not enter the jurisdiction of Tamluk

Police Station except for the purposes of investigation and

attending court proceeding and shall provide the address where he

shall reside while on bail to the Investigating Officer as well as the

court below and report to the Officer-in-charge of the concerned

Police Station within whose jurisdiction he shall reside once in a

week until further orders and on further condition that the

petitioner shall appear before the trial court and pray for regular

bail within a fortnight from date.

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

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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