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498A/406/34 Of The Ipc And Under … vs Allowed on 18 November, 2019

1

18.11.2019
tkm/ct 28 C.R.M. 6837 of 2019
sl no. 22

In Re : An application for anticipatory bail under Sectionsection 438 of the Code
of Criminal Procedure filed on 30.7.2019 in connection with Gangajal
Ghati P.S case no. 34 of 2019 dated 11.4.2019 under Sectionsections
498A/Section406/Section34 of the IPC and under section 3/4 of the DP Act
And
Allowed
In Re : Radha Mohan Prasad Anr. …… petitioners

Mr. S. Ray
Ms. A. Tewari
Ms. A Nandi
Ms. T. Paruin
…… for the petitioners
Mr. S. Haque
…… for the State
Mr. Soumik Ganguli
…… for the de facto complainant

Heard the learned advocates appearing for the respective

parties.

It is submitted on behalf of the petitioners that they are the

father in law and elder sister in law respectively of the victim

housewife and they have been falsely implicated in the instant

case.

Learned lawyer for the State opposes the prayer for

anticipatory bail and submits that in spite of efforts dowry in cash

and other valuables could not be recovered.

Learned lawyer for the de facto complainant also opposes

the prayer for anticipatory bail
2

We have considered the materials on record. Investigating

agency had raided the residence of the accused persons but none

of the streedhan articles including cash could be recovered. We

have considered the statements of witnesses and keeping in mind

the facts and circumstances of the case and prima facie role of

petitioner no. 1 in torturing the housewife and misappropriating

streedhan articles, we are not inclined to grant anticipatory bail to

him.

However, bearing in mind the extent of complicity of

petitioner no. 2 in the alleged crime, we are inclined to grant

anticipatory bail to her.

Accordingly, we direct that in the event of arrest, the

petitioner no. 2 shall be released on bail upon furnishing a bond of

Rs. 10,000/- with two sureties of like amount each, 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 petitioner no. 2 shall

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

weeks from date.

The application being CRM 6837of 2019 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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