CRM No. 5227 of 2018
In Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 17.07.2018 in connection with
Pandabeswar Police Station Case no. 69 dated 21.06.2016 (arising out
of M.P. case no.264 of 2016), alleging commission of offence punishable
under Sections 498A/406/307/376 of the Indian Penal Code.
Mr. Amajit De, Advocate
Ms. Roshni Singha Roy, Advocate
..for the Petitioner
Mr. Imran Ali, Advocate
Ms. Sutapa Banerjee, Advocate
.. for the State
The petitioner seeks anticipatory bail in connection with
Pandabeswar Police Station Case no. 69 dated 21.06.2016 (arising
out of M.P. case no.264 of 2016), alleging commission of offence
punishable under Sections 498A/406/307/376 of the Indian Penal
The petitioner claims that the de facto complainant had an
illicit relationship with the petitioner’s brother which culminated in
the birth of a child; whereupon the de facto complainant claimed
that the petitioner-husband and the husband’s brother had tortured
the de facto complainant into submitting to the brother.
The petitioner says that the brother against whom the charge
under Section 376 of the Penal Code has been made has been
granted anticipatory bail.
The State produces the case diary.
Considering the nature of the complaint and the fact that there
are only vague allegations against the petitioner as to torture, the
petitioner’s custodial interrogation is deemed unnecessary.
Accordingly, in the event of arrest, the petitioner will be granted
bail upon furnishing 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.
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. )