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An Application For Anticipatory … vs Lutfar Rahman Mondal @ Lutfar … on 19 November, 2019

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9419.11.2019
ss Partly Allowed
C.R.M. 10716 of 2019

In the matter of : An application for anticipatory bail under Sectionsection 438 of
the Code of Criminal Procedure filed on 18.11.2019 in connection with
Gangnapur P.S. Case No. 101 of 2019 dated 20.08.2019 under Sectionsections
498A/Section328/Section34 of the Indian Penal Code.

And

In the matter of : Lutfar Rahman Mondal @ Lutfar Mondal Ors.

Mr. Snehansu Majumder
… … for the petitioners
Mr. R. Jana
… … for the State

It is submitted on behalf of the petitioner that the victim suffered

from accidental poisoning and have been falsely implicated in the instant

case.

Learned counsel appearing for the State opposes the prayer for

anticipatory bail and submits that petitioners had administered poison to

the victim who was hospitalized.

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

prima facie involvement of the petitioner nos. 1 and 2, that is, parents-in-

law of the victim housewife in administering poison in a health drink to

her, we are not inclined to grant anticipatory bail to them.

However, in view of the fact that petitioner nos. 3 and 4, married

sisters-in-law of the victim housewife and do not ordinarily reside at their
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matrimonial home of the victim and adjudging the extent of their

complicity in the alleged crime in the light of the aforesaid circumstance

and as petitioner no. 5 had removed the victim for hospitalization, we are

inclined to grant anticipatory bail to them.

Accordingly, we direct in the event of arrest the petitioner nos. 3 to 5

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 nos. 3 to 5 shall appear before the

Court below and pray for regular bail within four weeks from date.

This application for anticipatory bail is, thus, partly allowed.

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

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