Swarup Sarkar v. State Of West Bengal

08.03.2022 Serial no. 23 Dd CRM (A) 1125 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bidhannagar Police Station (South) Case No. 25 of 2022 dated February 03,2022 under Sections 498A/406/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Swarup Sarkar ... Petitioner Ms. Sreyashee Biswas, Advocate ... ... For the Petitioner Mr. Shiladitya Banerjee, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner filed a suit for divorce. The present police complaint is a counter-blast to such proceeding for divorce. Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the fact that the petitioner filed a suit for divorce and considering the period of the marriage between the petitioner and the de facto complainant and considering the gravity of the offence and the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall 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 further condition that the petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1125 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)