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Code Read With Sections 3/4 Of The … vs In Re: Shio Kumar Ojha @ Shiv Kumar … on 19 November, 2019



Sl. No.49
C. R. M. 9497 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 26.09.2019 in connection with Amherst Street Women Police Station
Case No. 05 dated 07.06.2019 under Sections 498A/Section406/Section341/Section324/Section34 of the Indian Penal
Code read with Sections 3/Section4 of the Dowry Prohibition Act. (G.R. Case No.497 of 2019)
In Re: Shio Kumar Ojha @ Shiv Kumar Oza Ors.

… … Petitioners

Mr. Sourav Chatterjee .. Advocate
Mr. Sauvik Dere .. Advocate
… … for the petitioners

Mr. Arijit Ganguly .. Advocate
Mrs. Sujata Das .. 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. It is further submitted that pursuant to an earlier order of this court search was

effected and stridhan articles were recovered.

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) Shio Kumar Ojha @ Shiv Kumar Oza, (2) Asha Devi Ojha @ Asha Devi, (3)

Sunil Kumar Ojha @ Sunil Ojha, (4) Arvind Kumar Ojha @ Arvind Ojha (5) Rubi

Tiwari (Ojha), 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 four weeks from date.

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

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

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