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An Application For Anticipatory … vs Raj Kumar Das on 3 January, 2019

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56 03.01.2019
ss Allowed
C.R.M. 11260 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
Malda P.S. Case No. 431 of 2018 dated 09.10.2018 under Sections
498A/376/307/506/509/511/34 of the Indian Penal Code.

And

In the matter of : Raj Kumar Das
… … petitioner
Ms. Kalidas Saha
… … for the petitioner
Mr. Angshuman Chakraborty
… … for the State

The petitioner seeks anticipatory bail in connection with Malda P.S.

Case No. 431 of 2018 dated 09.10.2018 under Sections

498A/376/307/506/509/511/34 of the Indian Penal Code.

The State produces the case diary and refers to the statement of the

victim recorded under Section 164 of the Code. According to the State, the

victim claimed that this petitioner along with others tried to commit rape

on the victim.

Considering the statement of the victim and the material against the

petitioner, there does not appear to be any need to take the petitioner into

custody at this stage.

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
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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, till the investigation is completed.

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.)

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