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498A/302/304(B)/34 Of The Indian … vs In Re on 4 October, 2018

1

04.10.2018

Item no. 28
Ct. No.34
CHC
Allowed

C.R.M. No.7944 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 14.09.2018 in connection
with Bharatpur Police Station Case No. 122 of 2018 dated
15.06.2018 for alleged offence punishable under Sections
498A/302/304(B)/34 of the Indian Penal Code.

And
In Re:-

Anisa Bibi @ Bewa anr.

… Petitioners

Mr. T. K. Tewary, Advocate
Mr. M. K. Das, Advocate
.. for the petitioners

Mr. Swapan Banerjee, Advocate
Mr. Suman De, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Bharatpur Police Station Case No. 122 of 2018 dated 15.06.2018

for alleged offence punishable under Sections

498A/302/304(B)/34 of the Indian Penal Code.

The petitioners claim that the victim committed suicide.

The State produces the case diary and it appears that the

victim may have taken poison. The husband was initially arrested

but released on bail.

Considering the general allegation of torture made by the

neighbours and the extent of these petitioners’ involvement in the
2

circumstances leading to the unnatural death of the victim, there

may not be any need to take them into 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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