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06.06.2018

Ct.28
RP 106
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.

And

In the matter of : Sukanta Mondal
…. Petitioner

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
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the petitioner is not 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 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

date.

The application for anticipatory bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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