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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
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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.)
