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An Application For Anticipatory … vs Anil Gadi & Anr on 8 January, 2019

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A 139 08.01.2019
ss Allowed
C.R.M. 11480 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14.12.2018 in connection with
Purba Burdwan Women P.S. Case No. 269 of 2018 dated 22.10.2018
under Sections 498A/307/34/306 of the Indian Penal Code.

And

In the matter of : Anil Gadi Anr.

… … petitioners
Mr. Syed Nurul Arefin
… … for the petitioners
Mr. Imran Ali,
Mr. Sk. Arif Hossain
… … for the State

The petitioners seek anticipatory bail in connection with Purba

Burdwan Women P.S. Case No. 269 of 2018 dated 22.10.2018 under

Sections 498A/307/34/306 of the Indian Penal Code.

The petitioners are the parents-in-law of the victim who apparently

committed suicide.

The State produces the case diary and there is a statement recorded

under Section 161 of the Code to the effect that the victim set herself

ablaze. A subsequent dying declaration before an attending doctor

corroborates the earlier statement.

Considering the material against petitioners and the extent of these

petitioners’ involvement in the incident which led to the unnatural death of
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the victim, there may not be any need to take them into custody at this

stage.

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

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 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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