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114 19.06.2018
AB Court 28
C.R.M. 3891 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Shyampur
P.S. Case No.39 of 2018 dated 31.01.2018 under Sections
498A/306 of the Indian Penal Code
And
In the matter of : Sk. Saidul Anr.
…Petitioners.
Mr. Anindya Ghosh …for the Petitioners.
Mr. Swapan Banerjee,
Ms. Sima Biswas …for the State.
It is submitted on behalf of the petitioners that they are
the elder brothers-in-law of the victim housewife who committed
suicide after 12 years of her marriage.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
in mind the nature of allegations which appear to be general and
omnibus and the fact that the statutory presumptions under
Section 113 of the Evidence Act are not attracted in the case,
we are of the opinion that custodial interrogation of the
petitioners may not be necessary and they may be granted
anticipatory bail.
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Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) 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, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied
for, is to be supplied expeditiously after complying with all
necessary legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)