CRM 3317 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed in connection with Murshidabad P.S. Case
No.245 of 2017 dated 09.05.2017 under Section 498A/312/313/307/34
of the Indian Penal Code read with Section 3/ 4 of DP Act corresponding to
GR Case No.1292 of 2017.
In the matter of : Sukanta Mondal
Mr. Kallol Basu, Adv.
Mr. Debipriya Samanta, Adv.
….. For the Petitioner
Mr. N.P. Agarwalla, Adv.
….. for the State
Petitioner is the husband of the victim housewife and he has
been falsely implicated in the instant case.
Learned Advocate for the State produces the case diary and
opposes the prayer for bail.
We have considered the materials on record including the
statement of the victim recorded under Section 164 CrPC at page 25
of the case diary. In the said statement there is no reference of
assault upon the victim resulting in her miscarriage. In view of the
aforesaid fact, we are of the opinion that custodial interrogation of
the petitioner is not necessary and he may be granted anticipatory
Accordingly, we direct that in the event of arrest the petitioner
shall be released on bail upon furnishing bond of Rs.10,000/-(
Rupees Ten Thousand only) with two sureties of like amount, to the
satisfaction of the arresting officer and also subject to the conditions
laid down in sub-section (2) of Section 438 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 15 days from
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)