Bishnu Das v. State Of West Bengal

29.09.2022.

19.

AD/KC (Allowed).

C.R.M. (A) 4687 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Katwa P. S. Case No.514 of 2022 dated 05.08.2022 under Sections 498A/323/406/34 of the Indian Penal Code. In the matter of : Bishnu Das ... Petitioner.

Ms. Minoti Gomes ...for the Petitioner.

Ms. Debjani Sahu .....for the State.

It is the submitted on behalf of the petitioner that the incident occurred eleven years after the marriage. Learned lawyer of the State opposes the prayer for anticipatory bail.

We have considered the materials in the case diary. Allegation of physical assault is not supported by medical evidence.

In view of the aforesaid facts, we are of the opinion that the petitioner may be granted anticipatory bail subject to condition.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioner shall report before the Investigating Officer once a week till the conclusion of the investigations and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)