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An Application For Anticipatory … vs Sankar Sarkar & Anr on 19 November, 2019

1

86 19.11.2019
ss Partly Allowed
C.R.M. 10703 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
Debra P.S. Case No. 503 of 2019 dated 11.09.2019 under Sectionsections
498A/Section323/Section325/Section379/Section506/Section34 of the Indian Penal Code and Sectionsections 3/Section4 of
the Dowry Prohibition Act.

And

In the matter of : Sankar Sarkar Anr.

Mr. Aditya Kr. Dey
… … for the petitioners
Mr. Nirupam Dhali
… … for the State

It is submitted on behalf of the petitioners that they have been falsely

implicated in the instant case. It is further submitted that petitioner no. 2

is not a relation of the husband of the de facto complainant wife.

Learned counsel appearing for the State opposes the prayer for

anticipatory bail and submits that petitioner no. 1 assaulted his mother-

in-law resulting in injuries on her left ear.

Having considered the materials on record prima facie disclosing

involvement of the petitioner no. 1 in torturing the de facto complainant

wife and assaulting his mother-in-law resulting in injuries which is

supported by medical evidence, we are not inclined to grant anticipatory

bail to him.

2

However, keeping in mind the extent of complicity of the petitioner

no. 2 in the alleged crime in the light of the aforesaid submission made on

behalf of the petitioners, we are inclined to grant anticipatory bail to her.

Accordingly, we direct in the event of arrest the petitioner no. 2 shall

be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten

thousand only), 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 no. 2 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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