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Code And Sections 3/4 Of The Dowry … vs In Re: Nitin Singh on 24 February, 2020

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24.02.2020

Sl. No.45
akd
[ALLOWED]
C. R. M. 1986 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 20.02.2020 in connection with Dankuni Police Station Case No. 155 of
2019 dated 22.07.2019 under Sections 323/420/498A/406/307/506/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.

And

In Re: Nitin Singh
… … Petitioner
Ms. Minoti Gomes .. Advocate
Md. Zeeshan Uddin .. Advocate
Ms. Amrin Khatoon .. Advocate
… … for the petitioner

Mr. Tanmay Kumar Ghosh .. Advocate
Ms. Seema Biswas .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that the de-facto complainant-wife

belonged to a different religion and had a prior marriage. It is further submitted that

differences cropped up between the couple and an application was made for dissolution

of marriage through a decree by mutual consent. Subsequently, the instant case has been

registered.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of

allegations and as the instant case has been belatedly registered although allegation of

physical torture relates to 2018, we are of the opinion that custodial interrogation of the
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accused/petitioner may not be necessary in the facts of the present case and he may be

granted anticipatory bail however, subject to strict conditions.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Nitin Singh, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only), 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 and on further condition that he shall meet the

Investigating Officer once in a month until further orders. Petitioner shall appear before

the Investigating Agency and hand over his passport, if any, within four weeks from date.

In the event he does not have a passport, he shall personally appear before the

Investigating Agency and furnish an affidavit 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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