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18 04.02.2019
AB Court 28
C.R.M. 11552 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Serampur
P.S. Case No.443 of 2018 dated 12.9.2018 under Sections
498A/406/323/34 of the Indian Penal Code
And
In the matter of : Anupam Banerjee
…Petitioner.
Mr. Apurba Kr. Dutta,
Mr. S. S. Chatterjee …for the Petitioner.
Mr. Imran Ali,
Ms. Sutapa Banerjee …for the State.
Report on behalf of the State is placed on record
wherefrom it appears that recovery of streedhan articles could
not be effected due to non-availability of the defacto
complainant.
We have considered the materials on record. Keeping in
mind the nature of allegations and the fact that the petitioner
has shown eagerness to cooperate with the investigation and/or
recovery of streedhan articles, we are of the opinion that
custodial interrogation of the petitioner is not necessary and he
may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
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petitioner 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
also subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973 and on further
condition that he shall meet the Investigating Officer of the case
once a week until further orders.
The application for anticipatory bail is, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)