Anticipatory bail application in a matrimonial dispute case under Sections 498A/325/406 IPC and Sections 3/4 Dowry Prohibition Act. Finding no allegation of physical assault in the FIR and no need for custody, the court granted bail to all six petitioners on arrest with conditions including weekly reporting by some petitioners.
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04.07.2024 Court No.29 Item No. 34 Allowed
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CRM (A) 2113 of 2024
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Diomond Harbour Police Station Case No. 216 of 2024 dated 15.05.2024 corresponding to G.R Case No. 1621 of 2024 under Sections 498A/325/406 of the Indian Penal Code read with under Section 3/4 of the Dowery Prohibition Act.
And
In Re: Mantu Kar & Ors. Petitioners Ms. Pampa Dey (Dhabal) For the Petitioners Mr. S.S. Imam Mr. Shiladitya Banerjee For the State
Mantu Kar, Jhantu Kar, Chaya Kar, Sampa Kar, Mamoni Dutta Kar
and Tarun Dutta shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom
Signed By : AMITAVA ROY High Court of Calcutta 26 th of July 2024 05:45:19 PM
2
must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner nos. 1,2 and 6 shall meet the Investigating Officer once in a week or as and when called for till the submission of the final report. The petitioner nos. 3,4 and 5 shall cooperate with the investigation. The petitioners shall appear before learned Additional Chief Judicial Magistrate, Diamond Harbour, South 24 Parganas,within two weeks from date in connection with G.R Case No. 1621 of 2024.
(Soumen Sen, J)
(Uday Kumar , J)
Signed By : AMITAVA ROY High Court of Calcutta 26 th of July 2024 05:45:19 PM
1 issue framed by the court
Whether custodial interrogation was necessary for petitioners facing charges under Sections 498A/325/406 IPC and Sections 3/4 Dowry Prohibition Act.
3 provisions across 3 enactments
Mantu Kar & Ors.
State of West Bengal (For the State)
Soumen Sen
Uday Kumar
As recorded by the court registry
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