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Code. (G.R. Case No. 104 Of 2019) vs In Re: Arup Majee @ Arup Kumar Maji & … on 25 February, 2019

1

25.02.19

Sl. No.115
akd
[ALLOWED]
C. R. M. 2254 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 21.02.2019 in connection with Haldia Women Police Station Case No.
04 of 2019 dated 21.01.2019 under Sections 498A/323/313/354/34 of the Indian Penal
Code. (G.R. Case No. 104 of 2019)

And

In Re: Arup Majee @ Arup Kumar Maji Ors.

… … Petitioners
Mr. Sukdeb Chatterjee .. Advocate
Ms. Sudakshina Dey .. Advocate
… … for the petitioners

Mrs. Ayantika Ray .. 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 the principal accused i.e. the husband of the victim-housewife is presently

in custody.

Learned advocate 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 and in view of the fact that the allegation

of forcible abortion is not supported by medical evidence, 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.
2

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

namely (1) Arup Majee @ Arup Kumar Maji, (2) Tara Majee @ Tararani Maji, (3) Uttam

Majee @ Uttam Maji, (4) Anita Majee @ Anita Maji, (5) Bipradas Majee @ Bipradas

Maji, (6) Swapna Majee @ Swapna Maji, (7) Bikash Majee @ Bikash Majee, (8) Maya

Majee @ Maya Majee (9) Bimal Samanta 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 and on further

condition that they shall appear before the court below and pray for regular bail within a

fortnight from date.

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

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

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