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Calcutta High CourtCRM/5458/2021allowed

Dhananjay Kumar@Laltu v. State Of West Bengal

2021-12-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

14.12.2021 Serial no. 59 Dd (Through Video Conference) CRM 5458 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jamuria Police Station Case No. 270 of 2021 dated 05.07.2021 under Sections 498A/493/323/326/34 of the Indian Penal Code and Section3/4 of Dowry Prohibition Act.

-AndIn the matter of : Dhananjay Kumar @ Laltu ... Petitioner Mr. Arindam Sen, Ms. Rinku Sen Mr. Balaram Sarkar, Mr. Sagnik Bhattacharya, Advocate ... ... For the Petitioner Mr. Pravas Bhattacharya, Advocate ... ...For the State Petitioner is the husband of the victim housewife. It is contended that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegation of attempt to throttle the housewife is not supported by medical evidence.

In view of the aforesaid fact and other attending circumstances of the case, 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.

This application for anticipatory bail is, thus, allowed. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)