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Calcutta High CourtCRM/7875/2021allowed

Sourish Banerjee v. State Of West Bengal

2021-12-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Krishna Rao2 pages

03.12.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 7875 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nischinda Police Station Case No. 214 of 2021 dated 14.11.2021 under Sections 498A/406 of the Indian Penal Code, 1860.

And In Re : Sourish Banerjee ...... petitioner Mr. Sandip Kumar Bhattacharya Mr. Gourav Dutta ....for the petitioner Mr. S. Mahapatra Ms. Debjani Sahu ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, subsequent to the petitioner issuing a notice for mutual divorce to the de-facto complainant, the present police complaint was lodged.

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 issued a notice for mutual divorce to the de-facto complainant and a police complaint was lodged subsequent thereto and considering the nature of allegation and the complicity of the petitioner therein, we 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/-, 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 meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Krishna Rao, J.)