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February 1, 2019
39 ARDR
(Allowed)
CRM 160 of 2019

In Re: An application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on 21/12/2018 in connection with
Bhadreswar Police Station Case No. 410/2018 dated 19/10/2018
registered for investigation into offences punishable under Sections
498A/406/307 of the Indian Penal Code.

And

Re: Raju Mallick
… Petitioner
Mr. Suman Chakraborty,
… for the petitioner
Mr. Imran Ali,
Mr. Nirupam Dhali
..for the State

The petitioner seeks anticipatory bail in connection with Bhadreswar

Police Station Case No. 410/2018 dated 19/10/2018 registered for

investigation into offences punishable under Sections 498A/406/307 of

the Indian Penal Code.

The matter was adjourned by an order dated January 11, 2019 with

a direction to the investigating officer to recover the stridhan articles.

The State says that the complainant has indicated that cash money

of Rs.50,000/-, wearing apparel and some items were presented at the

time of marriage, but there was no gold or other valuable jewellery which

was gifted.

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It appears that the complainant’s clothes have been recovered from

the matrimonial home. The money has, presumably, been spent or said

to have been spent.

The petitioner claims to be a small-time employee at a grille factory

earning a paltry salary.

Considering the nature of the allegations and material against the

petitioner, there may not be any need to take him into custody at this

stage.

Accordingly, in the event of arrest, the petitioner will be granted bail

upon furnishing security of Rs.10,000/- (Rupees ten thousand only)

with two sureties of Rs.5,000/- (Rupees five thousand only) each to the

satisfaction of the learned Arresting Officer, subject to the conditions as

laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In

addition, the petitioner 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

petitioner subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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