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147 19.12.2019
ss Allowed
C.R.M. 12092 of 2019

In the matter of : An application for anticipatory bail under Sectionsection 438 of
the Code of Criminal Procedure filed on 18.12.2019 in connection with
Sabang P.S. Case No. 492 of 2019 dated 24.11.2019 under Sectionsections
498A/Section323/Section307/Section313/Section406/Section506/Section34 of the Indian Penal Code and Sectionsections
3/Section4 of the Dowry Prohibition Act.

And

In the matter of : Chandan Sau Ors.

Mr. Sk. Nezamuddin
… … for the petitioners
Ms. Sonali Das
… … for the State

It is submitted on behalf of the petitioners that they have been falsely

implicated out of a matrimonial dispute.

Learned lawyer appearing for the State opposes the prayer for

anticipatory bail and submits that the victim was assaulted resulting in

miscarriage.

We have considered the materials on record and keeping in mind the

fact that there is inordinate delay in lodging the FIR from the date of

miscarriage, we are of the opinion whether miscarriage was due to assault

or medical reasons may be assessed at the appropriate stage of the

proceeding in accordance with law.

Under such circumstances, we are inclined to grant anticipatory bail

to the petitioners.

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Accordingly, we direct in the event of arrest the petitioners shall be

released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten

thousand only) each, with two sureties of like amount each, to the

satisfaction of the arresting officer and subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure, 1973 and on

further condition that the petitioner no.1 shall meet the investigating

officer once in a week until further orders and petitioners shall appear

before the Court below and pray for regular bail within four weeks from

date.

This application for anticipatory bail is, thus, allowed.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)