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Dolon Malik @ Piu Malik & Anr vs Unknown on 7 February, 2018

1

71 07.02.2018
rkd Ct. No.28 C.R.M. 1105 of 2018
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05/02/2018 in
connection with Burdwan Women P.S. Case No. 242 of 2017
dated 23/08/2017 under Sections 498A/304B/34 of the Indian
Penal Code and Section 3/4 of the D. P. Act.

And

In the matter of: Dolon Malik @ Piu Malik Anr.

….petitioners.

Mr. R. L. Chakraborty,
Mr. P. Kundu
…for the petitioners.

Mr. Saibal Bapuli, A.P.P.,
Mr. A. Bhattacharya
…for the State.

It is submitted on behalf of the petitioners that petitioner

no.1 is sister-in-law of the victim housewife and the petitioner

no.2 is the husband of the petitioner no. 1. It is further

submitted that they resided separately from the couple and did

not play role in their matrimonial life.

Learned counsel for the State opposes the prayer for

anticipatory bail and submits that the victim suffered homicidal

death at her matrimonial home.

Having considered the materials in the case diary and

bearing in mind the extent of complicity of the petitioners in the

alleged offence and in the light of the aforesaid submission that

the petitioners resided separately from the couple and in view of

the fact that the principal accused i.e. the husband of the victim

is in custody, we are inclined to grant anticipatory bail to the

petitioners.

In the event of arrest, the petitioners shall be released on

bail upon furnishing a Bond of Rs. 10,000/- each with two

sureties of like amount each to the satisfaction of the Arresting

Officer and also subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973.
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The application for anticipatory bail is, thus, disposed of.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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