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05.09.2019
tkm/ct 28 C.R.M. 7985 of 2019
sl no. 73

In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 29.8.2019 in connection with
Baduria P.S Case no. 243 of 2019 dated 7.6.2019 under Sectionsection
498A/Section306/Section34 of the IPC
And
Allowed In Re : Nityananda Sarkar Anr. …… petitioners

Mr. Kallol Basu
Ms. S. China
…… for the petitioners
Mr. S. Komar
…… for the State

Heard the learned advocates appearing for the respective

parties.

Having considered the materials in the case diary and

bearing in mind the general and omnibus nature of allegations

and as the incident occurred eight years after marriage and the

statutory presumption under Sectionsection 113A of the Evidence Act

is not attracted in the facts of the case and as the principal

accused is in custody, we are inclined to grant anticipatory bail

to the petitioners.

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 Sectionsection 438(2) of the Code of

Criminal Procedure, 1973 and that the petitioners shall appear
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before the court below and pray for regular bail within four

weeks from date.

The application being CRM 7985 of 2019 is disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)