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Judgments of Supreme Court of India and High Courts

4 Of The Dowry Prohibition Act vs In Re on 20 September, 2018

1

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.

2

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.)

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