AB Court 28 C.R.M. 3056 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Pandua P.S.
Case No.39 of 2019 dated 10.2.2019 under Sections 498A/494
325/354B/34 of the Indian Penal Code
In the matter of : Sujay Hembram
Mr. Dinabandhu Choudhury,
Mr. Sabir Ahmed,
Mr. Amal Kr. Saha,
Mr. Iresh Pal,
Mr. Abdur Rakib …for the Petitioner.
Mr. Biswajit Deb,
Mr. Sudip Kumar …for the State.
It is submitted on behalf of the petitioner that there was
no valid marriage between him and the victim housewife.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
in mind the nature of allegations in the light of the aforesaid
submission made on behalf of the petitioner and as the
allegation of physical assault is attributed to the father-in-law
and mother-in-law of the victim, we are of the opinion that
custodial interrogation of the petitioner may not be necessary
and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioner shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) with two sureties of
like amount each to the satisfaction of the arresting officer and
also be subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on further
condition that he shall appear before the court below and pray
for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Manojit Mandal, J.) (Joymalya Bagchi, J.)