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The Indian Penal Code vs In Re: Madhab Adhikary & Anr on 3 December, 2019



l No.127
CRM 11344 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 02.12.2019 in connection with Gangnapur Police
Station Case No. 98/2019 dated 11.08.2019 under Sections 498A/Section304B/Section34 of
the Indian Penal Code.


In Re: Madhab Adhikary Anr.

… … Petitioners.

Mr. S. Majumder
… for the petitioners.

Mr. Sudip Ghosh,
Mr. Bitasok Banerjee
… … for the State.

It is submitted on behalf of the petitioners that the victim housewife had

married their son out of love affair and the couple used to reside separately.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary disclosing prima facie

involvement of petitioner No.2 in torturing the victim housewife resulting in her

unnatural death within one year of marriage, we are not inclined to grant

anticipatory bail to the petitioner No.2.

However, keeping in mind the extent of complicity of the petitioner No.1 in

the alleged crime and as the petitioner No.1 ordinarily used to reside in the state

of Kerala in connection with his employment, we are inclined to grant

anticipatory bail to him.

Accordingly, we direct that in the event of arrest, the petitioner No.1 be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand

Only), with two sureties of like amount each, to the satisfaction of the arresting

officer and also be subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973 and on condition that the petitioner No.1

shall appear before the court below and pray for regular bail within a period of

four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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