Manilal Mondal v. State Of West Bengal

13.06.2022 Sl. No.106 akd [ALLOWED] C. R. M. (A) 2545 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.06.2022 in connection with Haringhata Police Station Case No. 259 of 2021 dated 09.09.2021 under Sections 498A/307/34 of the Indian Penal Code.

And In Re: Manilal Mondal ... ... Petitioner Mrs. Karabi Roy ... ... for the petitioner Mr. Debabrata Chatterjee Ms. Mousumi Sarkar Ms. Sonali Das ... ... for the State It is submitted on behalf of the petitioner that the de-facto complainant housewife left the matrimonial home and stridhan articles had been returned. She aborted the unborn child of the couple. Thereafter, she has falsely implicated the petitioner. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Statement of defacto complainant housewife shows she was residing separately and articles have been returned. Allegation of resumption of matrimonial relationship and subsequent assault requires to be assessed in the light of the aforesaid facts and as the injuries noted in the medical papers are simple, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Manilal Mondal, 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 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 four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)