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Abinash Dhar & Ors vs Unknown on 11 January, 2019

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S/L No.57
C.R.M. 208 of 2019
11.01.2019

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/01/2019 in
connection with Coochbehar Women P.S. Case No. 202/17
dated 12/11/2017 under Section 498A/306 of the Indian Penal
Code.

And

In the matter of: Abinash Dhar Ors.

….petitioners.

Mr. Bitasok Banerjee
Mr. Biswajit Mitra

…for the petitioners.

Mr. A.S. Chakraborty
Mr. S. Datta

…for the State.

The petitioners seek anticipatory bail in connection with

Coochbehar Women P.S. Case No. 202/17 dated 12/11/2017

under Section 498A/306 of the Indian Penal Code.

The petitioners are some of the relatives of the husband of

the victim and claim to have been falsely implicated in the

matter. According to the petitioners, the husband remains

arrested.

The State produces the case diary and refers to some of

the neighbours’ statements.

Considering the general and omnibus nature of the

allegations in such statements, there may not be any need to

take the petitioners into custody at this stage.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will attend
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the trial on every day that the matter is fixed and any default on

the part of the petitioners will entitle the trial court to cancel the

bail without reference to this Court.

The petition for anticipatory bail is allowed on the

conditions indicated above.

Certified copies of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)
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