SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

The D.P. Act vs In Re on 30 July, 2018

1

30.7.2018
16

Allowed
md.

CRM No. 5349 of 2018
In Re:- An application for anticipatory bail under section
438 of the Code of Criminal Procedure filed on 25.7.2018 in
connection with Contai P.S. Case No.177 of 2018 dated
01.06.2018 alleging commission of offence under Section
498A/325/34 of the Indian Penal Code and Section 3 /4 of
the D.P. Act.

And
In Re:-

Sk Sadab
… Petitioner

Mr.Mukteswar Maity, Advocate
..for the Petitioner

Mrs. Kakali Chatterjee, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection

with Contai P.S. Case No.177 of 2018 dated 01.06.2018

alleging commission of offence under Section

498A/325/34 of the Indian Penal Code and Section 3 /4 of

the D.P. Act.

The State opposes the prayer and says that upon

the petitioner being given notice to appear before the

investigating officer, the petitioner has virtually confessed

to having tortured his wife.

Given the nature of the allegations and the extent

of the injury that may have been suffered by the wife, the

custodial interrogation of the petitioner is not necessary.

1
2

Accordingly, in the event of arrest, the petitioner will

be granted bail upon furnishing a security 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 as laid down in Section 438 (2)

of the Code of Criminal Procedure, 1973. In addition, the

petitioner will also report to the Investigating Officer at

such time and place as may be specified by the concerned

police officer.

This order is made subject to the further condition

that the petitioner will not attempt to meet the victim or

visit the victim’s parents or her paternal home till the

investigation is completed.

The petition for anticipatory bail is allowed subject to

the conditions as indicated above.

A certified copy of this order be immediately made

available to the petitioner subject to compliance with all

requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

2
3

3

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation