Madhabi Ghosh And ANR v. State Of West Bengal

08.06.2022 tkm/ct 28 C.R.M. (A) 2430 of 2022 sl no. 124 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Balagarh P.S case no. 119 of 2022 dated 9.4.2022 under sections 498A/406/420/307/506/34 of the IPC and sections 4 and 5 of the DP Act And Allowed In Re : Madhabi Ghosh & Anr.

...... petitioners Mr. Sabir Ahmed Mr. A K Routh Mr. S Sarkar ...... for the petitioners Mr. Joydeep Roy Ms. Sujata Das ...... for the State We have considered materials on record. A divorce proceeding was instituted by the petitioners against the de facto complainant-wife. Belatedly the instant case has been registered. Allegation of physical assault is not supported by medical evidence.

In view of the aforesaid facts, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each 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.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) 2430 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)