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05.10.2018

Item no. 25
Ct. No.34
CHC
Allowed

C.R.M. No.7996 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 Mekhliganj Police Station Case No. 226 of 2018 dated
02.08.2018 for alleged offence punishable under Sections
498A/302/304B/34 of the Indian Penal Code, 1860.

And
In Re:-

Nityananda Roy anr.

… Petitioners

Ms. Jeenia Rudra, Advocate
Ms. Madhushri Dutta, Advocate
.. for the petitioners

Ms. Sukanya Bhattacharyya, Advocate
Mirza Firoj Ahmed Begg, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Mekhliganj Police Station Case No. 226 of 2018 dated 02.08.2018

for alleged offence punishable under Sections 498A/302/304B/34

of the Indian Penal Code, 1860.

The petitioners are the parents-in-law of the victim who died of

burn injuries within 18 months of her marriage and at a time

when she was into the third month of her pregnancy.

The State produces the case diary and refers to the statements

of some neighbours who claimed that the victim informed them of

the identities of the persons who had set her ablaze. However, the

purported dying declaration appears to be otherwise.

Considering the material and the extent of these petitioners’

involvement with the incident leading to the death of the victim,

there is no need for them to be taken 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
2

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.)