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An Application For Anticipatory … vs Md. Nurujjaman Mia & Ors on 8 January, 2019

1

A 157 08.01.2019
ss Partly Allowed
C.R.M. 11507 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
Domkal P.S. Case No. 940 of 2018 dated 09.12.2018 under Sections
498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition
Act.

And

In the matter of : Md. Nurujjaman Mia Ors.

… … petitioners
Mr. Tanmay Kumar Ghosh,
Ms. Shampa Ghosh
… … for the petitioners
Mr. Pinak Kumar Mitra
… … for the State

The petitioners seek anticipatory bail in connection with Domkal P.S.

Case No. 940 of 2018 dated 09.12.2018 under Sections 498A/34 of the

Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petition is not pressed as regards the petitioner nos. 2 to 7 since

such petitioners have surrendered before the trial Court and obtained bail.

The first petitioner is the husband of the complainant.

The State produces the case diary and opposes the prayer on the

ground that the complainant was constrained to leave the matrimonial

home within two years of her marriage.

Considering the nature of the allegations, there may not be any need

to take the first petitioner into custody at this stage as long as he

cooperates with the investigation.

2

In the event of arrest, the first petitioner will be granted bail upon

furnishing a bond 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 first petitioner is 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 partly 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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