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Bharti Hazra @ Bharati & Others vs Unknown on 7 June, 2018


130 07.06.2018

AB Court 28 C.R.M. 3416 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Goghat P.S.
Case No.110 of 2018 dated 23.05.2018 under Sections
498A/306/34 of the Indian Penal Code


In the matter of : Bharti Hazra @ Bharati Others


Mr. N. S. Ghosh,
Ms. Amreen Fathma …for the Petitioners.

Mr. S. S. Imam,
Mr. Rajib Jana …for the State.

It is submitted on behalf of the petitioners that they are

the in-laws of the victim – housewife who committed suicide at

her parental home.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

We have considered the materials on record and we find

that the allegation of torture is against the petitioner no.1 and

the husband of the victim – housewife.

Accordingly, we are not inclined to grant anticipatory

bail to the petitioner no.1.

Her prayer for anticipatory bail is, accordingly, rejected.

However, keeping in mind the extent of complicity of the

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

that their custodial interrogation may not be necessary and they

may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioner nos.2 and 3 shall be released on bail upon furnishing

a bond of Rs.10,000/-(Rupees Ten Thousand only) 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 partly allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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

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