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Judgments of Supreme Court of India and High Courts

Adhir Biswas & Anr vs Unknown on 18 January, 2018

1

78 18.01.2018
rkd Ct. No.28 C.R.M. 580 of 2018
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 16/01/2018 in
connection with Santipur P.S. Case No. 144 of 2017 dated
30/03/2017 under Sections 498A/328/34 of the Indian Penal
Code.

And

In the matter of: Adhir Biswas Anr.

….petitioners.

Mr. P. Majumder
…for the petitioners.

Mr. S. S. Imam,
Mr. S. Kundu
…for the State.

It is submitted on behalf of the petitioners that the victim

housewife suffered from mental depression and tried to commit

suicide. She was treated by her husband and after two months

she has instituted the instant criminal case.

Learned counsel for the State opposes the prayer for

anticipatory bail and submits that the petitioner had compelled

the victim to consume poison.

We have perused the medical papers wherein it is

endorsed that the victim was suffering from mental depression.

In view of the aforesaid fact and that there is delay in lodging the

first information report, we are inclined to grant anticipatory bail

to the petitioners.

In the event of arrest, the petitioners shall be released on

bail upon furnishing a Bond of Rs. 10,000/- each with two

sureties of like amount each to the satisfaction of the Arresting

Officer and also subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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