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273 10.05.2018
rkd Ct. No.28 C.R.M. 2332 of 2018
(P.Allowed)
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/05/2018 in
connection with Arambagh P.S. Case No. 1154 of 2017 dated
28/12/2017 under Sections 498A/302 of the Indian Penal
Code and under Sections 3/4 of the Dowry Prohibition Ac.
And
In the matter of: Ram Chandra Dolui Ors.
….petitioners.
Mr. S. Chakraborty
…for the petitioners.
Mr. M. Sur,
Mr. D. D. Gupta
…for the State.
It is submitted on behalf of the petitioners that they are
the in-laws of the housewife and have been falsely implicated in
the instant case. It is further submitted that petitioner no.6 is
the married sister-in-law of the victim housewife and the
petitioner no.7 is her husband. They resided separately from the
matrimonial home of the victim.
The learned counsel appearing on behalf of the State
opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and
bearing in mind the prima facie involvement of the petitioner nos.
1 to 5 in the torture of the victim housewife who committed
suicide within seven years of her marriage, we are not inclined to
grant anticipatory bail to the petitioner nos. 1 to 5. However,
keeping in mind the fact that the petitioner nos.6 7 resided
separately from the matrimonial home of the victim housewife
and the extent of their complicity in the alleged crime, we are
inclined to grant anticipatory bail to the petitioner nos. 6 7.
In the event of arrest, the petitioner no.6 7 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
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under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)