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Calcutta High Court (Appellete Side)

Anupam Pattanayek vs Unknown on 3 May, 2016

Author: Patherya

Bench: Patherya

                                               1


3.5.2016

Allowed md.

CRM 2138 of 2016 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure affirmed on 15.3.2016 in connection with Nandigram Police Station Case No. 94/16 dated 17.2.2016 under Sections 498A/323/406/34 of the Indian Penal Code (G.R. 347/16).

And In the matter of:- Anupam Pattanayek ...... Petitioner Mr. Suman Dey ... for the petitioner Mrs. Sima Biswas ... for the State The petitioner, apprehending arrest in connection with Nandigram Police Station Case No. 94/16 dated 17.2.2016 under Sections 498A/323/406/34 of the Indian Penal Code, corresponding to G.R. Case No. 347/16, has filed this application under Section 438 of the Code of Criminal Procedure.

Defence counsel submits that the petitioner is the principal accused-husband of the de facto complainant-wife. He 2 has been falsely implicated and is in no way involved in the offence alleged. An application for restitution of conjugal rights has been filed in January, 2016. The de facto complainant-wife wanted the petitioner to stay as a domesticated son-in-law in the house of her father.

Counsel for the State produces the Case Diary and submits that the marriage between the couple was solemnized three years ago. The notice issued to the petitioner under Section 41A Cr.PC. has been complied with. The statements of the witnesses recorded under Section 161 Cr.PC. at pages 11 to 13 of the Case Diary be looked into.

Having considered the submissions of the parties and on scrutiny of the Case Diary, sufficient material exists to warrant grant of anticipatory bail to the petitioner herein, namely, Anupam Pattanayek.

Accordingly, the petitioner, aforesaid, in the event of his arrest, be released on bail upon furnishing bond of Rs. 5,000/- with two sureties of Rs.2,500/- each, subject to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438 (2) of the Code of Criminal Procedure.

In view of the aforesaid, the prayer for anticipatory bail is allowed and disposed of.

Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

(Patherya, J.) (Debi Prosad Dey, J.)