Calcutta High CourtCRM/6916/2020allowed

Dharani Mondal v. State Of West Bengal

2020-09-21Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Tirthankar Ghosh2 pages

CRM 6916 of 2020 With IA No.CRAN/1/2020 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with General Register Case No. 1356 of 2020 arising out of Gazole Police Station Case No. 162 of 2020 dated 14.03.2020 under Sections 498A/34 of the Indian Penal Code, 1860 read with Sections 3⁄4 of the Dowry Prohibition Act, 1961. g.b.

Ct. 11 21.09.2020 Dharani Mondal Vs.

The State of W. B.

Mr. Arnab Saha .....For the Petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ......For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through videoconference on the basis of such undertaking.

The learned advocate for the petitioner submits that there was a marital discord, subsequent to which the complainant left the matrimonial home and initiated the instant case. It is further submitted by the learned advocate for the petitioner that considering the nature of allegations custodial detention of the petitioner may not be warranted.

The learned advocate for the State opposes the prayer for anticipatory bail.

We have considered the materials of the case diary and also appreciated that proceedings for divorce have been initiated between

the parties. Having considered the same we are of the opinion that the custodial detention of the petitioner is not necessary for the sake of investigation of the case.

Accordingly, the prayer for anticipatory bail is allowed. As such in the event of arrest the petitioner shall furnish a bond of Rs.10,000/- each with two sureties one of whom must be local to the satisfaction of the investigating officer and on condition that he would not tamper with the evidence and/or intimidate any witness. The aforesaid conditions are in addition to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. CRM 6916 of 2020 and CRAN 1 of 2020 are disposed of. (Tirthankar Ghosh, J.) (Samapti Chatterjee, J.)