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Code And Sections 3/4 Of The Dowry … vs In Re: Shyamal Talukdar & Anr on 2 March, 2020



Sl. No.79
C. R. M. 2241 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 27.02.2020 in connection with Berhampore Police Station Case No.
1357 of 2019 dated 29.10.2019 under Sections 498A/302/304B/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.


In Re: Shyamal Talukdar Anr.

… … Petitioners
Ms. Minoti Gomes .. Advocate
… … for the petitioners

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Petitioner no.1 is the father-in-law and petitioner no.2 is the married sister-in-law

of the victim-housewife. It is submitted on behalf of the petitioners that the present case

has been initiated after five years of marriage. It is further submitted that the allegations

are principally against the husband and the mother-in-law of the victim-housewife.

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 extent of

complicity of the petitioners in the alleged crime, we are of the opinion that custodial

interrogation of the accused/petitioners may not be necessary in the facts of the present

case and they may be granted anticipatory bail.

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

namely (1) Shyamal Talukdar (2) Anita Biswas, be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees Ten thousand only) each, 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. Petitioners shall

appear before the Investigating Officer and hand over their passports, if any, within four

weeks from date. In the event they do not have passports, they shall personally appear

before the Investigating Officer and furnish affidavits to that effect within the time frame

mentioned hereinabove.

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

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

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