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An Application For Anticipatory … vs Jaker Sk. & Ors on 4 January, 2019

1

51 04.01.2019
ss Allowed
C.R.M. 11289 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.12.2018 in connection with
Murshidabad P.S. Case No. 472 of 2018 dated 29.05.2018 under Sections
498A/302/34 of the Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act.

And

In the matter of : Jaker Sk. Ors.

… … petitioners
Mr. M.H. Chowdhury
… … for the petitioners
Mr. Rana Mukherjee,
Mr. Santanu Chatterjee
… … for the State

The petitioners seek anticipatory bail in connection with Murshidabad

P.S. Case No. 472 of 2018 dated 29.05.2018 under Sections 498A/302/34

of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The State produces the case diary which reveals that the present

petitioners may not have been residing with the victim in the usual course.

The records also indicate that the victim committed suicide and there are

statements that the victim had obtained loan from several persons.

Considering the material against the petitioners and the extent of

involvement of the petitioners in the unnatural death of the victim, there

may not be any need to take the petitioners into custody at this stage.

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

furnishing security of Rs. 10,000/- (Rupees ten thousand only) each, with
2

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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