KUNDAL MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. K. Biswas, learned counsel appearing for the petitioner. Also heard Mr. D. Sarkar, learned Public Prosecutor, Tripura.

(2.) By this petition under Section 438, Cr.P.C. the petitioner seeks for a direction to release him in the event of arrest in connection with Bikhora PS Case No. 18 of 2001 under Section 498-A, I.P.C. 2. The victim Smt. Sipra Nandi lodged an FIR against her husband and inmates of her in-law's house including the petitioner to the effect that after marriage she was subjected to physical and mental cruelty in order to extort unlawful dowry from her parents's house.

(3.) The learned Public Prosecutor, submits that in the meantime charge-sheet has already been filed and the learned Judicial Magistrate took cognizance of the offence and, as such, the petition under Section 438, Cr.P.C. popularly called "anticipatory bail" petition, is not maintainable.