SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

498A/302/34 Of The Indian Penal … vs In Re on 12 October, 2018

1

12.10.2018

Item no. 440 ML
Ct. No.34
CHC
Allowed

C.R.M. No.8279 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.09.2018 in connection
with Midnapur All Women Police Station Case No. 46/18 dated
31.7.2018 for alleged offence punishable under Sections
498A/302/34 of the Indian Penal Code.

And
In Re:-

Sk. Abu Kalam ors.

… Petitioners

Mr. Sudip Kushari, Advocate
.. for the petitioners

Mr. Sabir Ahmed, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Midnapur All Women Police Station Case No. 46/18 dated

31.7.2018 for alleged offence punishable under Sections

498A/302/34 of the Indian Penal Code.

The State produces the case diary and the Post Mortem report.

The death of the victim was by hanging and may have been

suicidal in nature.

The petitioners are the husband and some of the relatives of

the husband. The husband may not have been in the city when the

incident took place. As regards the other petitioners, there are
2

general allegations of torture being inflicted on the victim, but

nothing apparently to connect them to the death of the victim.

Considering such material, the petitioners need not be taken

into custody at the moment.

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.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation