Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Debasis Nath on 7 November, 2016
Author: Patherya
Bench: Patherya
1 Sl No. 36 07.11.2016
KAUSHIK REJECTED C.R.M. 7123 of 2016.
In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.09.2016 in connection with Shibpur P.S. Case No. 367 of 2016 dated 08.08.2014 under Sections 498A/406/323/325/307/354/506/34 of the Indian Penal Code, 1860 and under Sections 3/ 4 of the Dowry Prohibition Act corresponding to G.R. Case No. 5080 of 2016.
And In the matter of : Debasis Nath. ... Petitioner.
Mr. Debasis Roy.
.. for the Petitioner.
Mr. Sandip Kundu.
.. for the State.
Mr. Rabi Sankar Chattopadhyay Mr. Suman Sankar Chattopadhyay Mr. Santanu Maji Mr. Monojit Chatterjee.
.. for the De-facto complainant.
This is an application under Section 438 of the Code of Criminal Procedure filed by the petitioner praying for his release on anticipatory bail in the event of his arrest in connection with Shibpur P.S. Case No. 367 of 2016 dated 08.08.2014 under Sections 498A/406/323/ 325/307/354/506/34 of the Indian Penal Code, 1860 and under Sections 3/ 4 of the Dowry Prohibition Act corresponding to G.R. Case No. 5080 of 2016.
Defence counsel submits that the marriage between the couple was solemnised on 22nd April, 2016. Disputes and differences arose 2 and the victim lady left her matrimonial home on 25th June, 2016. Thereafter, 'salish' was held and at the 'salish' the petitioner along with his parents was assaulted which led to the filing of the Shibpur P.S. Case No. 365 dated 7th August, 2016. The parents of the principal accused were granted anticipatory bail and thereafter they were physically assaulted which resulted in Shibpur P.S. Case No. 394 dated 26th August, 2016. The 41A Cr. P. C. notice issued has been complied with and articles have also been seized. Seizure list exists in respect of such seized articles.
Counsel for the State produces the case diary and takes us to the injury report at pages 5 to 9 so also 164 Cr. P. C. statements at pages 57 to 59. 161 Cr. P. C. statements of the injured at pages 30, 27 and 28 be looked into.
Counsel for the de-facto complainant submits that subsequent to the filing of the cases, a general diary has been filed and the State be called upon to intimate the Court with regard to the steps taken thereunder. All the 'stridhan' articles were not seized or handed over.
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 namely, Debasis Nath, in the event of his arrest upon furnishing bond of Rs. 10,000/- along with two sureties of Rs. 5,000/- each to the satisfaction of the arresting authority 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 the application is, thus, disposed of.
3Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) ( Debi Prosad Dey, J. )