Sunday, February 1, 2015

Husband's AB rejected by Hon HC in 498a case, EVEN aftr Arneesh Kumar Orders by SC !!

Husband's Anticipatory Bail rejected by Hon Calcutta HC in a 498a case. This case and the bail order are AFTER the Honourables Supreme court's Judgment in Arneesh Kumar Vs State, the landmark case where the Hon SC said " not automatically arrest ..." !!

Brief facts from the case
* Alipurduar Police Station Case No. 378 of 2014 dated 07.11.2014 , meaning alsmot 5+ months after SC's orders in Arneesh Kumar case !!
* Case filed under Sections 498A/313/506 of the Indian Penal Code.
* All accused run for bail
* HC GRants AB for others but rejects AB for petitioner # 1

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

Kolkata High Court (Appellete Side)

16117/2014 on 29 December, 2014

Author: Sanjib Banerjee


C.R.M. 16117 of 2014


Court No.8

Re : An application for bail under Section 438 of the Code of Criminal Procedure filed on 18th November, 2014 in connection with Alipurduar Police Station Case No. 378 of 2014 dated 07.11.2014 under Sections 498A/313/506 of the Indian Penal Code.

In re : Biswajit Mandal & Ors. ... Petitioners.

Mr. Arijit Ghosh ... for the Petitioners.
Mr. Sandip Kundu ... for the State.

************************** order **********************

Having considered the averments in the petition and bearing in mind the nature of allegations, we are of the view that custodial interrogation of the petitioner nos.2, 3 and 4 for progress of investigation may not be necessary.

Accordingly, it is directed that in the event of arrest, the petitioner nos.2, 3 and 4, namely, Nidhir Mandal, Rajib Poddar and Dipika Poddar, shall be released on bail upon furnishing a bond of Rs.5,000/-(rupees five thousand PARTLY ALLOWED only) each with one surety of like amount each to the satisfaction of the arresting officer and also subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973. ; ;

In so far as the petitioner no.1, namely, Biswajit Mandal, is concerned, his prayer for anticipatory bail stands rejected.

The application for anticipatory bail is, thus, partly allowed.





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