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Judgments of Supreme Court of India and High Courts

Code Along With Under Sections 3 … vs In Re on 30 January, 2019

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30.01.2019
06

Allowed
md.

CRM No. 8350 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 20th September, 2018, in
connection with Panskura Police Station Case No.371/2018 dated
28.07.2018 under Sections 498A, 323, 354, 376, 34 of the Indian Penal
Code along with under Sections 3 and 4 of the Dowry Prohibition Act.

And
In Re:-

Ajij Mallik
… Petitioner
Mr. Biswajit Hazra,
Mr. Anuran Samanta,
Mr. Arif Mahammad Khan
.. for the petitioner
Ms. Sukanya Bhattacharya,
Ms. Sutapa Banerjee

.. for the State

The petitioner seeks anticipatory bail in connection with Panskura

Police Station Case No.371/2018 dated 28.07.2018 under Sections

498A, 323, 354, 376, 34 of the Indian Penal Code along with under

Sections 3 and 4 of the Dowry Prohibition Act.

The petitioner is the elder brother of the husband of the victim who

has brought a complaint of rape against this petitioner in addition to

charges of demand for dowry and the like.

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The petitioner claims that the complaint was lodged several days

after the alleged incident and even after a village salish was held,

whereat the complainant demanded an exorbitant sum of money.

The State places the statement of the victim recorded under

Section 164 of the Code. The assertion is clear and unequivocal.

According to the State, the complainant has left the matrimonial

home and is residing at her parent’s home in the same village.

Considering the material against the petitioner, the custodial

interrogation of the petitioner may not be necessary. However, the

petitioner should not contact the complainant in any manner or form or

enter any place within the jurisdiction of Panskura Police Station till the

investigation is completed.

Subject to the above, in the event of arrest, the petitioner will be

granted bail upon furnishing a bond of Rs.10,000/- (Rupees ten

thousand only) with two sureties of Rs. 5,000/- (Rupees five thousand

only) each to the satisfaction of the arresting officer, subject to the

conditions as laid down in Section 438 (2) of the Code of Criminal

Procedure, 1973. In addition, the petitioner will also report to the

Investigating Officer at such time and place as may be specified by the

concerned police officer, till the investigation is completed.

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CRM 8350 of 2018 is allowed as above.

A certified copy of this order be immediately made available to the

petitioner subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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