SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Of The Dowry Prohibition Act vs In Re: Sri Kirti Bhusan Patra & Ors on 10 May, 2018

1

10.05.2018
217

sdas
Partly allowed

C.R.M. No. 2230 of 2018

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 07.05.2018
in connection with Garhbeta Police Station Case No. 16 of 2018 dated 09.01.2018 under
Sections 498A/302/304B/201/506/34 of the Indian Penal Code read with Sections 3 and 4
of the Dowry Prohibition Act.

And

In Re: Sri Kirti Bhusan Patra Ors. . …… petitioners

Mr. D. Aditya,
Mr. Amit Kumar Ghosh
…for the petitioners

Ms. Sreeparna Das
…. for the State

It is submitted by the learned Counsel appearing for the

petitioners that petitioners no. 1 and 2 do not want to proceed with

the application. Accordingly, application for anticipatory bail is

dismissed as not pressed so far as the petitioners no. 1 and 2 are

concerned.

It is further submitted by the learned Counsel appearing for the

petitioners that there are uncontroverted allegations in the charge-

sheet relating to disappearance of the dead body of the victim by the

petitioners no. 3 and 4.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials in the case diary and bearing in

mind the extent of complicity of the petitioners. No. 3 and 4 in the

alleged crime, we are of the opinion that custodial interrogation of the

petitioners no. 3 and 4 may not necessary in the instant case.
2

Accordingly, we direct that in the event of arrest the petitioners

no. 3 and 4 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.

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

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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