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Judgments of Supreme Court of India and High Courts

Anowar Hossain & Ors vs Unknown on 13 July, 2018

1

47 13.07.2018

rkd Ct. No.28
(P.Allowed)
C.R.M. 4744 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11/07/2018 in
connection with Mekhliganj P.S. No. 149 of 2018 dated
01/06/2018 under
Sections 498A/313 of the Indian Penal
Code.

And

In the matter of: Anowar Hossain Ors.

….petitioners.

Mr. P. Bhattacharya
…for the petitioners.

Mr. B. Roy,
Ms. R. Datta
…for the State.

Petitioner no.1 is the husband and petitioner nos.2 3

are the in-laws of the victim housewife. It is submitted that they

have been falsely implicated in the instant case.

Learned counsel appearing on behalf of the State opposes

the prayer anticipatory bail and submits that petitioner no.1

assaulted the victim resulting in abortion.

Having considered the materials in the case diary and in

view of the prima facie involvement of the petitioner no.1 in the

alleged crime, we are not inclined to grant anticipatory bail to the

petitioner no.1. However, keeping in mind the extent of

complicity of the petitioner nos.2 3 in the alleged crime, we are

inclined to grant anticipatory bail to the petitioner nos.2 3.

In the event of arrest, the petitioner nos.2 3 shall be

released on bail upon furnishing a bond of Rs. 10,000/- each

with two sureties of like amount each to the satisfaction of the

Arresting Officer and also subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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