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56 02.08.2018
ss Allowed
C.R.M. 5490 of 2018
In the matter of : An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 31.07.2018 in connection with
Katwa P.S. Case No. 219 of 2018 dated 05.05.2018 under sections
498A/302/304B/34 of the Indian Penal Code and sections 3/4 of the
Dowry Prohibition Act.
And
In the matter of : Hari Charan Saha @ Sari Saha
… … petitioner
Ms. Payel Shome
… … for the petitioner
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Sreeparna Das
… … for the State
The petitioner seeks anticipatory bail in connection with Katwa P.S.
Case No. 219 of 2018 dated 05.05.2018 under sections
498A/302/304B/34 of the Indian Penal Code and sections 3/4 of the
Dowry Prohibition Act.
The petitioner is the brother of the husband of the victim who claims
to not reside with the rest of the family and, thus, not being involved in
any act of torture allegedly inflicted on the victim.
The State produces the case diary.
Nothing specific appears against the petitioner for the petitioner to be
detained in custody.
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Accordingly, in the event of arrest, the petitioner will be granted bail
upon furnishing 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 is directed to meet 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.)