Item no. 26
C.R.M. No.7366 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 07.09.2018 in connection
with Manikchak Police Station Case No. 195 of 2018 dated
23.06.2018 for alleged offence punishable under Sections
498A/326/308/34 of the Indian Penal Code and Sections 3/4 of
the Dowry Prohibition Act.
Chaitanya Mondal ors.
Mr. Amitabha Karmakar, Advocate
Mr. Arup Kumar Bhowmick, Advocate
.. for the petitioners
Mr. Imran Ali, Advocate
Ms. Sutapa Banerjee, Advocate
..for the State
The petitioners seek anticipatory bail in connection with
Manikchak Police Station Case No. 195 of 2018 dated 23.06.2018
for alleged offence punishable under Sections 498A/326/308/34
of the Indian Penal Code and Sections 3/4 of the Dowry
Since the third petitioner has already been arrested, the
petition is only as regards first and second petitioner.
The first petitioner is the husband of the victim and the second
petitioner is the mother-in-law.
The State produces the case diary and refers to the serious
nature of the injury and it appears that the victim escaped death
by placing her hand between her head and the sharp cutting
weapon that was used to attack her. Since the victim was in
hospital immediately after the incident, there is no statement of
the victim available in the case record, but the complaint refers to
the husband attacking the victim at the instigation of the mother-
The prayer of the first petitioner-husband is rejected. However,
the second petitioner mother-in-law is granted anticipatory bail.
Accordingly, in the event of arrest, the second 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 second petitioner will also report to the
Investigating Officer at such time and place as may be specified by
the concerned police officer.
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 second petitioner subject to compliance with all requisite
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)