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Code And Sections 3/4 Of The Dowry … vs In Re: Shyamali Mandal & Ors on 9 July, 2019

1

09.07.19

Sl. No.62
akd
[PARTLY
ALLOWED]
C. R. M. 5687 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 03.07.2019 in connection with Kharagpur Local Police Station Case
No. 330 of 2019 dated 15.05.2019 under Sections 498A/Section304B/Section34 of the Indian Penal
Code and Sections 3/Section4 of the Dowry Prohibition Act.

And

In Re: Shyamali Mandal Ors.

… … Petitioners
Md. Sabir Ahammed .. Advocate
Mr. Sudip Kushari .. Advocate
… … for the petitioners

Mr. Sudip Kumar .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are the in-laws of the victim-

housewife and that they have been falsely implicated in the instant case. It is further

submitted that petitioner nos.3 4 being the uncles-in-law of the victim-housewife resided

separately from the couple.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim-housewife committed suicide within two years of marriage.

Having considered the materials on record and in view of the prima facie

involvement of the petitioner nos.1 2 in subjecting the victim-housewife to torture who

committed suicide within two years of marriage, we are not inclined in granting

anticipatory bail to the petitioner nos.1 2.
2

Accordingly, the prayer for anticipatory bail of the accused/petitioner nos.1 2

namely, (1) Shyamali Mandal (2) Satyajit Mondal is rejected.

However, keeping in mind the extent of complicity of the petitioner nos.3 4

herein viz. uncles-in-law of the victim-housewife who appears to reside in a separate

mess, we are of the opinion that custodial interrogation of the petitioner nos.3 4 is not

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/petitioner nos.3

4 namely (3) Gurupada @ Guruprasad Mandal (4) Nepal Mandal, be released on bail

upon furnishing 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

and on further condition that they shall appear before the court below and pray for regular

bail within four weeks from date.

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

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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