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Judgments of Supreme Court of India and High Courts

304B vs In Re on 10 September, 2018

1

10.09.2018

Item no. 67
Ct. No.34
CHC
Allowed

C.R.M. No.7139 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 04.09.2018 in connection
with Serampore Police Station Case No. 211/2018 dated
30.04.2018 for alleged offence punishable under Sections 498A,
304B,406 with 34 of the Indian Penal Code.

And
In Re:-

Smt. Renu Pal anr.

… Petitioners

Mr. Debabrata Ray, Advocate
Mr. Debasish Ghatak, Advocate
.. for the petitioners

Mr. Swapan Banerjee, Advocate
Ms. Purnima Ghosh, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Serampore Police Station Case No. 211/2018 dated 30.04.2018 for

alleged offence punishable under Sections 498A, 304B,406 with 34

of the Indian Penal Code.

The petitioners are the mother-in-law and elder brother-in-law,

respectively, of the victim.

The State opposes the prayer and produces the case diary. The

husband is in custody.

2

Considering the material against the petitioners and the

general nature of the allegations, there may not be any need to

take the petitioners into the custody.

Accordingly, in the event of arrest, the petitioners will be

granted bail upon furnishing a security of Rs.10,000/- (Rupees ten

thousand only) each, with two sureties of Rs.5,000/- (Rupees five

thousand only) each, one of whom must be local, to the

satisfaction of the Arresting Officer, subject to the conditions as

laid down in Section 438 (2) of the Code of Criminal Procedure,

1973. In addition, the petitioners will also report to the

Investigating Officer at such time and place as may be specified by

the concerned police officer.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available to

the petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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