CRM No. 104 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 3rd January, 2019 in connection
with Dankuni Police Station Case No.299 of 2018 dated 16.11.2018
under Sections 498A/323/406/307/34 of the Indian Penal Code.
Sukhendu Das and others
Mr. Souma Bhattacharya
.. for the petitioners
Mr. S.S. Imam,
Mr. R. Jana
.. for the State
The petitioners seek anticipatory bail in connection with Dankuni
Police Station Case No. 299 of 2018 dated 16.11.2018 under Sections
498A/323/406/307/34 of the Indian Penal Code.
The petitioners claim that the complaint was lodged more than 90
days after the alleged incident of assault and after the complainant
received a notice in respect of the proceedings launched by the
petitioning husband for restitution of conjugal rights.
On January 16, 2019, the investigating officer was directed to
accompany the complainant to the matrimonial home to recover the
stridhan articles. A report has been filed from which it appears that
substantial articles have been recovered, though the seizure list does
not refer to any valuable jewellery.
The petitioners are the husband and the parents of the husband
of the complainant. Considering the nature of the complaint and the
fact that no significant injury was suffered by the complainant in course
of the alleged assault, there is no need to take the petitioners into
custody at this stage.
In the event of arrest, the petitioners will be granted bail upon
furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each
with two sureties of Rs. 5,000/- (Rupees five thousand only) each 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 petitioners will also report to the Investigating Officer
at such time and place as may be specified by the concerned police
officer, till the investigation is completed.
CRM 104 of 2019 is allowed as above.
A certified copy of this order be immediately made available to the
petitioners subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. )