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An Application For Anticipatory … vs Alejan Bibi & Anr on 28 January, 2019

1

A 505 28.01.2019
ss Allowed
C.R.M. 9445 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.10.2018 in connection with
Serampore P.S. Case No. 449 of 2018 dated 17.09.2018 under Sections
498A/406/304B/34 of the Indian Penal Code and Sections 3/4 of the
Dowry Prohibition Act.

And

In the matter of : Alejan Bibi Anr.

… … petitioners
Mr. Kunal Ganguly
… … for the petitioners
Mr. Sudip Ghosh,
Mr. Apurba Kumar Datta
… … for the State

The petitioners seek anticipatory bail in connection with Serampore

P.S. Case No. 449 of 2018 dated 17.09.2018 under Sections

498A/406/304B/34 of the Indian Penal Code and Sections 3/4 of the

Dowry Prohibition Act.

The State produces the case diary and refers to some of the

statements recorded under Sections 161 and 164 of the Code. It appears

that the de facto complainant, in his statement under Section 164 of the

Code, has exonerated the petitioners.

Accordingly, the petitioners are entitled to anticipatory bail.

In the event of arrest, the petitioners will be granted bail upon

furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) each, with
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two sureties of Rs. 5,000/- (Rupees five thousand only) each 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 are directed to meet the investigating officer at such time and

place as may be specified by the concerned police officer, till the

investigation is completed.

The petition for anticipatory bail is allowed subject to the conditions

as indicated above.

Certified copies of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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