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Code And Under Sections 3 And 4 Of … vs In Re on 22 January, 2019

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22.01.2019

01 md.

Allowed
CRM No. 229 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 4th January, 2019 in
connection with Domjur Police Station Case No. 218 of 2018 dated
18.03.2018 under Sections 498A/304B/34 of the Indian Penal
Code and under Sections 3 and 4 of the Dowry Prohibition Act.
And
In Re:-

Raju Srivastav
petitioner
Mahammad Mahmud,
Mr. Arghya Chakrabarti,
Mr. Suryanath Banerjee
… for the petitioner

Mr. Swapan Banerjee,
Mrs. Purnima Ghosh
..for the State

The petitioner seeks anticipatory bail in connection with

Domjur Police Station Case No. 218 of 2018 dated 18.03.2018

under Sections 498A/304B/34 of the Indian Penal Code and under

Sections 3 and 4 of the Dowry Prohibition Act.

The petitioner is a brother of the husband of the victim and

claims to be a student and not having resided in the joint mess of

the victim and the husband after their marriage.

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The State opposes the prayer, primarily on the ground that

the husband is still absconding and that there are credible witness

statements to the effect that there were demands for dowry by the

in-laws in general and the victim was ill-treated at the matrimonial

home. The State says that the victim was found hanging within

two months of her marriage.

Considering the material against the petitioner and the

extent of this petitioner’s involvement in the incident which

culminated in the death of the victim, there may not be any

justification for taking the petitioner into custody at this stage.

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,

one of whom must be local, 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 229 of 2019 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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