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An Application For Anticipatory … vs Sabitri Barman @ Gandali & Anr on 3 January, 2019


45 03.01.2019
ss Allowed
C.R.M. 11245 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
Tapan P.S. Case No. 261 of 2018 dated 11.10.2018 under Sections
498A/302/34 of the Indian Penal Code.


In the matter of : Sabitri Barman @ Gandali Anr.

… … petitioners
Mr. Biswajit Manna
… … for the petitioners
Mr. Swapan Banerjee,
Ms. Purnima Ghosh
… … for the State

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

Case No. 261 of 2018 dated 11.10.2018 under Sections 498A/302/34 of

the Indian Penal Code.

The petitioners are the mother-in-law and brother-in-law of the

victim who appears to have committed suicide about eleven years after her


The husband of the victim is said to be in custody.

The State produces the case diary and refers to the post-mortem


Considering the circumstances leading to the death of the victim and

the fact that these petitioners may not have been involved therein, there is

no need to take them into custody at this stage.

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

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

(Abhijit Gangopadhyay, J) (Sanjib Banerjee, J.)

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