Prabir Kumar Mahanta v. State Of West Bengal

20.06.2022 Serial no. 50 Aloke CRM (A) 2908 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Purulia Sadar (Women) Police Station Case No. 08 dated 07.02.2022 under Sections 498A/307/34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act -AndIn the matter of : Prabir Kumar Mahanta ... ... Petitioner Mr. Navnil De, Advocate Mr. Srinjan Ghosh, Advocate Mr. Subhrajit Dey, Advocate ... ... For the Petitioner Ms. Ratna Ghosh, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The complaint was lodged 45 days from the date of the alleged incident. It is claimed as against the petitioner that the petitioner tried to pour harpic in the mouth of the de facto complainant. Learned Advocate appearing for the State draws the attention to the injury report of the victim and to the materials in the case diary.

Given the omnibus nature of allegations as against the petitioner and given the injury report of the victim and the delay in the lodgment of the first information report, we deem it appropriate 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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 2908 of 2022 is disposed of.

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