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20.9.2018
11 md.
C.R.A.N. 2316 of 2018
in
C.R.M. No. 6002 of 2018
Re:- An application for recalling being CRAN No.2316 of
2018.
Mr. Sandip Chakraborty, Advocate
.. for the Petitioners
Mr. Rana Mukherjee, Ld. A.P.P.
Mr. Suman Saha, Advocate
.. for the State
Sufficient grounds have been made out as to why the
petitioners were not represented on August 17, 2018 when
CRM 6002 of 2018 was dismissed for default.
The order dated August 17, 2018 is recalled and CRM 6002
of 2018 is restored to the file.
The application for restoration, CRAN 2316 of 2018, is
allowed as above.
Re: C.R.M. 6002 of 2018
-And-
In the matter of:-
An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06th August, 2018 in
connection with Farakka Police Station Case No. 393 of 2017
dated 03.10.2017 under Sections 498A/304B of the Indian
Penal Code.
-And-
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In the matter of:-
Marjina Bibi and another
… Petitioners
C.R.M. 6002 of 2018 is taken up for immediate
consideration.
The petitioners seek anticipatory bail in connection with
Farakka Police Station Case No. 393 of 2017 dated 03.10.2017
under Sections 498A/304B of the Indian Penal Code.
The petitioners are the parents-in-law of the victim who
died an unnatural death within a year of her marriage.
The petitioners’ earlier prayer was rejected and the change
in circumstance is that the charge-sheet has now been filed
indicating that the investigation has now ended and the fact
that the first petitioner has been recently advised that due to
her several ailments, she would require constant care.
Considering that the investigation has been completed and
the medical condition of the first petitioner, the petitioners are
directed to meet the Officer-in-Charge of Farakka Police Station
twice in course of the next seven days and subject themselves to
interrogation by such officer. It is only upon such exercise
being completed that the petitioners will surrender before such
officer who will enlarge them on bail.
Accordingly, in the event of arrest the petitioners will be
granted bail upon furnishing security of Rs.10,000/-each,
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(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 third and the fourth petitioners will also
report to the Investigating Officer at such time and place as may
be specified by the concerned police officer.
CRM 6002 of 2018 is allowed.
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.)
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