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Judgments of Supreme Court of India and High Courts

498A/306/406 Of The Ipc vs Allowed In Re : Mamata Das & Anr on 5 September, 2019


tkm/ct 28 C.R.M. 6983 of 2019
sl no. 89

In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 1.8.2019 in connection with
Amdanga P.S Case no. 329 of 2019 dated 1.7.2019 under Sectionsection
498A/Section306/Section406 of the IPC
Allowed In Re : Mamata Das Anr. …… petitioners

Md. S. Hossain
Ms. S. Sultana
…… for the petitioners
Ms. Sukanya Bhattacharya
Ms. Sutapa Banerjee
…… for the State

Heard the learned advocates appearing for the respective

Post mortem report is placed on record.
Having considered materials in the case diary and bearing
in mind the extent of complicity of the petitioners, in laws of the
victim housewife, in the alleged crime and as the incident
occurred seven years after marriage and the statutory
presumption under Sectionsection 113A of the Evidence Act is not
attracted in the facts of the case and, 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

before the court below and pray for regular bail within four weeks

from date.

The application being CRM 6983 of 2019 is disposed of.

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

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