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Judgments of Supreme Court of India and High Courts

Nemai Bera & Ors vs Unknown on 8 February, 2018

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76 08-02-2018

C.R.M. 1165 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the
(Allowed) Code of Criminal Procedure filed on 06/02/2018 in connection with
Bhagwanpur P.S. Case No. 192/2017 dated 29.07.2017 under Sections
498A/323/326/307/120B of the Indian Penal Code and added Sections
304B/302 of IPC.

And

In the matter of: Nemai Bera Ors.

….petitioners
Mr. Amal Krishna Samanta, Adv.

…for the petitioners
Mr. Madhusudan Sur, APP
Mr. Dipankar Paramanick, Adv.

…for the State

It is submitted on behalf of the petitioners that they are the in-laws of the victim

housewife who suffered death due to accidental burns.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary including the dying declaration of the

victim recorded in the medical papers at page 43 of the case diary wherefrom it appears that the

victim died due to burns during cooking and in view of the aforesaid facts, we are inclined to grant

them pre-arrest bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing bond of

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each to the

satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously

after complying with all necessary legal formalities.

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