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110 06.03.2019

rkd Ct. No.28
(P.Allowed)
C.R.M. 2543 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 01/03/2019 in
connection with Balagarh P.S. Case No. 15 of 2019 dated
26/01/2019 under Sections 498A/302 of the Indian Penal
Code.

And

In the matter of: Archana Ghosh Ors.

….petitioners.

Mr. S. Chatterjee
…for the petitioners.

Mr. Saswata Gopal Mukherjee, P.P.,
Mr. A. Mitra
…for the State.

It is submitted on behalf of the petitioners that they are

the in-laws of the victim housewife and have been falsely

implicated in the instant case.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail.

We have considered the materials on record. We find that

petitioner no.1 had an affair with the husband of the deceased

and as a result she committed suicide. 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 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 be subject to the conditions as laid

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

1973 and on further condition that they shall appear before the

court below and pray for regular bail within a fortnight from
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date.

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

(Manojit Mandal, J.) (Joymalya Bagchi, J.)