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An Application For Anticipatory … vs Samsuddin @ Md. Samsuddin @ … on 6 August, 2018

1

33 06.08.2018
ss Allowed
C.R.M. 5668 of 2018

In the matter of : An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 03.08.2018 in connection with
Chanchal P.S. Case No. 416 of 2018 dated 01.07.2018 under Sections
498A/323/376/511/34 of the Indian Penal Code read with sections 3/4
of D.P. Act.

And

In the matter of : Samsuddin @ Md. Samsuddin @ Samsuruddin Ors.

… … petitioners
Mr. Kallol Mondal,
Mr. Krishan Ray,
Ms. Amrita Chel
… … for the petitioners
Mr. Imran Ali,
Mr. M.F.A. Begg
… … for the State

The petitioners seek anticipatory bail in connection with Chanchal

P.S. Case No. 416 of 2018 dated 01.07.2018 under sections

498A/323/376/511/34 of the Indian Penal Code read with Sections 3/4 of

D.P. Act.

The petitioners are the close relatives of the husband of the victim.

The State produces the case diary and says that the allegation in

respect of Section 376 of the Indian Penal Code relates to a period of

several months prior to the complaint. Such allegation is against a brother-

in-law of the victim.

2

Considering the material on record, it does not appear necessary to

subject the petitioners to custodial interrogation.

Accordingly, in the event of arrest, the petitioners will be granted bail

upon furnishing security 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.

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

petitioners, subject to compliance with all requisite formalities.

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

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