rkd/ Ct. No.28 C.R.M. 2823 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 15/05/2018 in
connection with Burwan P.S. Case No. 126 of 2018 dated
21/04/2018 under Sections 498A/325/326/307/34 of the
Indian Penal Code read with Section 3/4 of the D.P. Act.
In the matter of: Sukchand Sk Ors.
Mr. M. K. Das
…for the petitioners.
Mr. S. Barman
…for the State.
Report is placed on record wherefrom it appears that the
petitioners are absconding and there is no amicable resolution of
the matrimonial dispute between the parties, as claimed.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail.
We have considered the materials on record and we find
that the petitioner no.1 had assaulted the victim resulting in
serious injuries. Accordingly, the prayer for anticipatory bail of
petitioner no.1 is rejected. However, keeping in mind the extent
of complicity of the petitioner nos. 2 3 in the alleged crime, we
are inclined to grant anticipatory bail to the petitioner nos.2 3.
In the event of arrest, the petitioner nos. 2 3 shall be
released on bail upon furnishing a Bond of Rs. 10,000/- each
with two sureties of like amount to the satisfaction of the
Arresting Officer and also subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)