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20.09.2018
Item no. 66
Ct. No.34
CHC
Allowed
C.R.M. No.7384 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 07.09.2018 in connection
with Hirapur Police Station Case No. 268 of 2017 dated
29.08.2017 for alleged offence punishable under Sections
498A/304B/120B of the Indian Penal Code, 1860 and Sections 3/
4 of the Dowry Prohibition Act, 1961.
And
In Re:-
Agamoni Banerjee
… Petitioner
Mr. Sabir Ahmed, Advocate
Mr. Hillol Saha Podder, Advocate
.. for the petitioner
Mr. Atif Ahmed Siddiqui, Advocate
..for the State
The petitioner seeks anticipatory bail in connection with
Hirapur Police Station Case No. 268 of 2017 dated 29.08.2017 for
alleged offence punishable under Sections 498A/304B/120B of the
Indian Penal Code, 1860 and Sections 3/ 4 of the Dowry
Prohibition Act, 1961.
The petitioner is the mother-in-law of the victim who
committed suicide within the statutory period leading to an
adverse inference.
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Two other co-accused who were taken into custody have been
enlarged on bail and the State says that such other persons stand
on the same footing as the petitioner herein.
In the circumstances, the petitioner is entitled to be granted
anticipatory bail.
Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing a security of Rs.10,000/- (Rupees ten
thousand only), 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 petitioner 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 petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)