CRM 9176 of 2019
In re: An application under Section 438 of the Code of Criminal Procedure filed
on 11.09.2019 in connection with Mothabari Police Station Case No.397 of 2019
dated 8.9.2019 under Sections 498A/Section325/Section307/Section506/Section34 of the Indian Penal Code
read with Sections 3 Section4 of the Dowry Prohibition Act, 1961.
In the matter of: Tinku Sk. Tinku Sekh.
Mr. Sekhar Basu,
Mr. Saurav Chatterjee.
…for the petitioner.
Mr. Mrityunjoy Chatterjee,
Mr. Pawan Gupta.
…..for the defacto complainant.
Mr. Imran Ali,
Mr. MFA Begg.
…….for the State.
Petitioner seeking anticipatory bail happens to be the doctor attached to
the Government Hospital.
It is submitted by the learned advocate for the petitioner that petitioner
has been falsely implicated in this case in consequence of a matrimonial discord.
Learned advocate for the defacto complainant as well as the learned
Additional Public Prosecutor submit together in unison that the petitioner husband
has subjected the victim wife to cruelty, both physically and mentally in several
ways and further she has been oppressed, and in consequence of physical assault,
the petitioner had to receive treatment from Malda Hospital.
Our attention is drawn to the medical report shown at page 5 of the case
Upon consideration of the materials already collected in the case diary and
bearing in mind the injury sustained by the injured, which is not supportive of
custodial interrogation, we are inclined to grant anticipatory bail to the petitioner.
We, therefore, direct that in the event of arrest the petitioner shall be
released on bail upon furnishing bond of Rs.10,000/- with two sureties of
Rs.5,000/- each, to the satisfaction of the Arresting Officer and subject to the
conditions under Section 438(2) of Code of Criminal Procedure and with further
condition to appear before the Court on each and every date of the trial to be fixed
by the learned court below, failing which learned court below will be at liberty to
cancel the prayer for bail of the petitioner without making any reference to
The application for anticipatory bail is, thus, allowed.
CRM 9176 of 2019 stands disposed of.
(Sahidullah Munshi, J.)
(Subhasis Dasgupta, J.)