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Case No. 745/2014) vs In Re on 4 October, 2018

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4.10.2018
11

Order Passed
md.

CRM No. 7493 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 10th September, 2018 in
connection with Salar Police Station Case No.113/14 dated
15.04.2014 under Sections 498A/363/365 of the Indian Penal Code
read with Section 3 /4 Dowry Prohibition Act (Corresponding to G.R.
Case No. 745/2014).

And
In Re:-

Pinki Khatun and others
… Petitioners
Mr. Bitasok Banerjee, Advocate
Mr. Abdus Salam, Advocate
.. for the petitioners
Mrs. Kakali Chatterjee, Advocate
.. for the State

The petitioners are the mother-in-law and the sisters of the
husband of the missing victim. The husband is probably absconding.

According to the petitioners, the victim left with her sister for
seeing a doctor some time in April, 2014 and did not return thereafter,
following which a missing persons diary was lodged by the petitioners
or the family and even a petition under Article 226 of the Constitution
for the issuance of a writ of habeas corpus was filed.

According to the petitioners, the alleged victim has apparently
fled to some other city and the paternal family of the alleged victim is
aware of such fact. When the matter was taken up on September 20,
2018, it was contended on behalf of the petitioners that the alleged
victim lives a life in some other city and regularly remits money to her
father. Pursuant to such submission, the investigating officer was
directed to request the de facto complainant (the victim’s father) to
disclose copies of pass book of the bank accounts maintained by him.

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Copies of the State Bank Account have been furnished and Advocate
for the petitioners have been permitted to see such statements.

According to Advocate for the petitioners, several credit entries
in the bank statement reveal the receipt of money, possibly from the
alleged victim.

The State, however, submits that it is the statement of the
victim’s sister that the victim was accompanied to the doctor’s
chamber by her husband and the sister-in-law petitioners herein.
According to such sister of the victim, these were the persons last
seen with the victim before she went missing.

Considering the material, it is necessary to direct the
investigating agency to take immediate expeditious steps to ascertain
whether the victim may have died or if she is still alive. For such
purpose, the investigating officer will be entitled to call the petitioners
herein and the paternal relatives of the victim so as to unearth the
truth.

The petitioners will, however, not be arrested till the matter
appears next.

The investigating officer will file a report when the matter
appears next on November 15, 2018.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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