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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
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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.)