(1.) Prayer under Section 438 Cr.PC is for grant of transitory anticipatory bail for an appropriate period, in case FIR No. 300 dated 15.10.2010 under Sections 338, 326, 307/34 IPC, PS Banarat, Distt. Jalpaiguri, Distt. West Bengal, so as to enable him to exhaust his remedy before the competent court of jurisdiction.
(2.) As per allegations in the FIR lodged by Aditi Bhowmiki wife of injured Bishwanath Bhowmiki the latter was an employee of the Petitioner and his non-applicant co-accused Sanjay Jain. The Petitioner and his non-applicant co-acccused were nursing a grude against Bishwanath Bhowmiki who had left their concern and had started working in another concern. It is alleged that on account of this grudge, on 14.10.2010 at about 4.20 pm, when Bishwanath Bowmiki was going to his house on his motorcycle, non-applicant co-accused Sanjay Jain with a motive to kill the injured hit his motorcycle with his car and thereafter fled away leaving behind his car. Apprehending his arrest, Petitioner has filed the present petition seeking transitory anticipatory bail.
(3.) Counsel for the Petitioner heard.