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521 28.1.2019
C.R.M.9463 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11/10/2018 in
connection with Harirarpara P.S. Case No.19 of 2018 dated
gd 17/01/2018 under Sections 498A/307/34/304(B) of the Indian
Penal Code.
And
In the matter of: Bahadur Sk.
….petitioner.
Mr. Sandip Chakraborty
Mr. Diptendu Banerjee
…for the petitioner.
Mr. Swapan Banerjee
Ms. Purnima Ghosh
…for the State.
The petitioner seeks anticipatory bail in connection with Harirarpara
P.S. Case No.19 of 2018 dated 17/01/2018 under Sections
498A/307/34/304(B) of the Indian Penal Code.
The petitioner is the brother of the husband of the victim who
succumbed to her burn injuries sustained within a few years of her marriage.
The State produces the case diary and refers to allegations of ill-
treatment of the victim at the matrimonial home, but cannot demonstrate any
specific material against this petitioner.
In any event, since there is nothing in the records produced to
demonstrate this petitioner’s involvement in the incident which led to the
unnatural death of the victim, the petitioner is entitled to anticipatory bail.
Accordingly, in the event of arrest, the petitioner is directed to be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only), with two sureties of Rs.5,000/- (Rupees Five Thousand Only)
each to the satisfaction of the Arresting Officer, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition,
the petitioner will report to the Investigating Officer at such time and place as
may be specified by the concerned police officer, till the investigation is
completed.
The petition for anticipatory bail is allowed on the conditions
indicated above.
A certified copy of this order be immediately made available to the
petitioner, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)
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