C.R.M. 11824 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19/12/2018 in
connection with Bhaktinagar P.S. Case No.842 of 2018 dated
16/11/2018 under Sections 498A/313 of the Indian Penal Code.
In the matter of: Sushen Ghatak.
Ms. Madhushri Dutta Majumder
…for the petitioner.
Mr. Imran Ali
Mr. M.F.A. Begg
…for the State.
The petitioner seeks anticipatory bail in connection with Bhaktinagar
P.S. Case No.842 of 2018 dated 16/11/2018 under Sections 498A/313 of the
Indian Penal Code.
The State produces the case diary and refers to the complaint by the
wife. The State says that though there are allegations that some kind of
medicine was administered to the wife to terminate her pregnancy, there is no
medical report in such regard.
The petitioner says that a general diary was lodged within almost a
month of the marriage in or about March, 2018, to the effect that the
petitioner was mentally tortured by the wife.
Considering the material and the nature of the charges, there may not
be any need to take the petitioner into custody at this stage.
Accordingly, in the event of arrest, the petitioner is directed to be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only), with two sureties of Rs.5,000/- (Rupees Five Thousand Only)
each, one of whom must be local, to the satisfaction of the Arresting Officer,
subject to the conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973. In addition, the petitioner will report to the Investigating
Officer at such time and place as may be specified by the concerned police
officer, till the investigation is completed.
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to the
petitioner, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)