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498A/304B/34 Of The Ipc vs Allowed on 18 March, 2019

1

18.03.2019
tkm/ct 28 C.R.M. 3255 of 2019
sl no. 140

In Re : An application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on 13.3.2019 in connection with Manikchak
P.S case no. 367 of 2018 dated 15.11.2018 under
sections
498A/
304B/34 of the IPC
And
Allowed
In Re : Shankar Das Anr. …… petitioners

Mr. Sourav Chatterjee
Mr. M. Ghosh
…… for the petitioners
Mr. B. K. Ray
Ms. Rita Datta
…… for the State

Heard the learned advocates appearing for the respective
parties.

It is submitted on behalf of the petitioners that the victim
suffered accidental burn injuries and the co-accused person has
been granted anticipatory bail.

Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the victim made an oral dying
declaration implicating the petitioners.

Having considered materials in the case diary and bearing in
mind the fact that the co-accused similarly circumstanced with the
petitioners has been granted anticipatory bail, we are inclined to
extend the same privilege to the petitioners also.

Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of Rs.
10,000/- each with two sureties of like amount, to the satisfaction
of the Arresting Officer and also be subject to the conditions as laid
down under
section 438(2) of the Code of Criminal Procedure,
1973 and on further condition that the petitioners shall appear
2

before the court below and pray for regular bail within a fortnight
from date.

The application being CRM 3255 of 2019 is disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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