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Act vs In Re on 4 October, 2018

1

04.10.2018

Item no. 198
Ct. No.34
CHC
Allowed

C.R.M. No.7971 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 Asansol (South) Police Station Case No. 15 of 2018 for alleged
offence punishable under
Sections 498A/323/315/406/120B of
the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition
Act.

And
In Re:-

Chandan Kumar
… Petitioner

Mr. Monish Sen, Advocate
.. for the petitioner

Mr. Imran Ali, Advocate
Ms. Sutapa Banerjee, Advocate
..for the State

The petitioner seeks anticipatory bail in connection with

Asansol (South) Police Station Case No. 15 of 2018 for alleged

offence punishable under Sections 498A/323/315/406/120B of

the Indian Penal Code and Sections 3/4 of the Dowry Prohibition

Act.

The petitioner says that there is nothing left in the complaint

since the petitioner and his wife have made up and even the

proceedings under the Hindu Marriage Act have been withdrawn.
2

Considering the order passed in the matrimonial proceedings,

it does not appear necessary for the petitioner to be taken into

custody at the moment.

However, in the event the representation made on behalf of the

petitioner in Court today is found to be false, the State may apply

for cancellation.

Accordingly, in the event of arrest, the petitioner will be

granted bail upon furnishing a security of Rs.10,000/- (Rupees ten

thousand only), 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 petitioner 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 petitioner subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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