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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.)