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C.R.M. 625 of 2018
18.01.2018
107
Ct. No. 28 In the matter of : An application for bail under Section 438 of the Code of
ss
(Partly
Allowed)
Criminal Procedure filed on 17.01.2018 in connection with Titagarh P.S.
Case No. 802 of 2017 dated 23.12.2017 under sections 498A/325/313/34 of
the Indian Penal Code.
And
In the matter of: Shipra Mishra Anr.
… … petitioners.
Mr. Santosh Kr. Chakraborti
… … for the petitioners.
Mr. Saswata Gopal Mukherjee, Ld. P.P.
… … for the State.
It is submitted on behalf of the petitioners that they have been
falsely implicated due to a matrimonial dispute.
Learned counsel appearing for the State opposes the prayer for
anticipatory bail.
We have considered the materials in the case diary and we find
prima facie involvement of petitioner no. 2 in assaulting the victim wife
resulting in her miscarriage. Hence, we are not inclined to grant
anticipatory bail to petitioner no. 2.
However, bearing in mind the extent of complicity of petitioner no. 1
in the alleged crime, we are of the opinion that custodial interrogation of
the petitioner no. 1 is not necessary and she may be granted anticipatory
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bail.
Accordingly, we direct that in the event of arrest the petitioner no. 1
shall be released on bail upon furnishing a bond of Rs.10,000/‐ with two
sureties of like amount, 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.
This application for anticipatory bail is, thus, disposed of.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)