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161 20.02.2019
AB Court 28 C.R.M. 2130 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Indus P.S.
Case No.04 of 2019 dated 8.1.2019 under Sections 498A/302 of
the Indian Penal Code read with Sections 3 /4 of the D. P. Act
And
In the matter of : Chhabita @ Chhabi De Anr.
…Petitioners.
Ms. Pampa De (Dhabal) …for the Petitioners.
Mr. Sudip Ghosh,
Mr. Apurba Kr. Dutta …for the State.
It is submitted on behalf of the petitioners that they are
the in-laws of the victim housewife and it is further submitted
that they have been falsely implicated in the instant case.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
in mind the general and omnibus nature of allegations against
the petitioners who are the in-laws of the victim housewife, we
are of the opinion that custodial interrogation of the petitioners
may not be necessary and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) each with two sureties
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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 and on further
condition that they shall appear before the court below and pray
for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)