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Judgments of Supreme Court of India and High Courts

96 vs In Re:- Pankaj Pal & Anr on 7 September, 2018

1

7.9.2018
77

jb.

CRM No. 7172 of 2018
In Re:- An application for anticipatory bail under section
438 of the Code of Criminal Procedure filed on 3.9.2018 in
connection with Kotwali Police Station Case No. 378 of
2018, dated 11.6.2018 registered for investigation into
offences punishable under Sections
498A/323/307/325/406/34 of the Indian Penal Code,
1960.

And
In Re:- Pankaj Pal Anr.

… Petitioners

Mr. Supratic Roy
Mr. Sudipta Roy
.. for the petitioners

Mr. Imran Ali
Mr. M. F. A. Begg

..for the State

The petitioners seek anticipatory bail in connection

with Kotwali Police Station Case No. 378 of 2018, dated

11.6.2018 registered for investigation into offences

punishable under Sections 498A/323/307/325/406/34

of the Indian Penal Code, 1960.

These petitioners are the brother of the husband of

the victim and the brother’s wife.

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2

The State says that the statement given by the victim

under Section 164 of the Code reveals that the husband

and wife had agreed to the divorce subject to the

streedhan articles of the wife being returned. However,

the streedhan articles have not been returned.

Since the present petitioners may not have any

direct control over the streedhan articles of the defacto

complainant, there may not be any need to take the

petitioners into custody.

Accordingly, in the event of arrest, the petitioners

will be granted bail upon furnishing 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.

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3

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. )

3

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