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Judgments of Supreme Court of India and High Courts

Biren Biswas & Ors vs Unknown on 28 February, 2020

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91 28.02.2020
rkd Ct. No.28 C.R.M. 2179 of 2020
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 27/02/2020 in
connection with Nimta P.S. Case No. 552 of 2019 dated
10/12/2019 under Section 498A/302/34 of the Indian Penal
Code.

And

In the matter of: Biren Biswas Ors.

….petitioners.

Mr. S. Chowdhury
…for the petitioners.

Mr. Saswata Gopal Mukherjee, P.P.,
Mr. S. Chatterjee
…for the State.

It is submitted on behalf of the petitioners that they are

the in-laws of the victim housewife and the incident occurred 10

years after marriage.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the victim

housewife was tortured and committed suicide by jumping in

front of a moving train.

Having considered the materials in the case diary and

bearing in mind the general and omnibus nature of allegations in

the light of the submission that the incident occurred 10 years

after marriage and as the statutory presumption under Section

113 A of the Evidence Act is not attracted to the facts of the case,

we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners 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.

Petitioners shall appear before the Investigating Officer

and hand over their passports, if any, within four weeks from

date. In the event they do not have passports, they shall
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personally appear before the Investigating Officer and furnish

affidavits to that effect within the time frame mentioned

hereinabove.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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