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498A/406/313/307/34 Of The … vs In Re on 4 October, 2018

1

04.10.2018

Item no. 202
Ct. No.34
CHC
Allowed

C.R.M. No.7988 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 14.09.2018 in connection
with Krishnaganj Police Station Case No. 203/2018 dated
2.9.2018 for alleged offence punishable under Sections
498A/406/313/307/34 of the Indian Penal Code.

And
In Re:-

Sudhamoy Ghosh anr.

… Petitioners

Mr. Snehansu Majumder, Advocate
.. for the petitioners

Mr. Imran Ali, Advocate
Mr. M.F.A. Begg, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Krishnaganj Police Station Case No. 203/2018 dated 2.9.2018 for

alleged offence punishable under Sections 498A/406/313/307/34

of the Indian Penal Code.

The petitioners are the parents-in-law of the victim who has

complained of mental and physical torture by her in-laws in

general.

The State produces the case diary and refers to a prescription

of June, 2018 which evidences that the victim may have suffered a

miscarriage. According to the victim’s statement; she was
2

subjected to torture and her husband tried to set her on fire in

July, 2018 shortly after she was persuaded to return to her

matrimonial home.

The husband remains arrested.

Considering the material and the allegations against these

petitioners, it does not appear necessary for the petitioners to be

taken into custody for the purpose of completing the investigation.

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.)

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