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Biswanath Dolai & Ors vs Unknown on 20 December, 2019





C.R.M. 12166 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13.12.2019 in connection
with Ghatal P. S. Case No.1851 of 2019 dated 03.07.2019 under
Sections 498A/Section323/Section354/Section406/Section506/Section34 of the Indian Penal Code
and Sections 3 / Section4 of the Dowry Prohibition Act.

In the matter of : Biswanath Dolai Ors.

… Petitioners.

Mr. T. K. Har,
Mr. Somnath Chakraborty.

…for the Petitioners.

Ms. Sonali Das.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that they are the

husband and brothers-in-law respectively of the de-facto

complainant and have been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

Having considered the materials on record and bearing in

mind the nature of allegations against the petitioners and as the

allegation of assault is not supported by medical papers, we are

inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that 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 subject to the conditions as

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

1973 and on condition that the petitioners shall appear before the

trial court and pray for regular bail within four weeks from date.

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

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

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