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6.9.2018
02
Allowed
md.
CRM No. 6940 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 29.08.2018 in connection with
Tehatta Police Station Case No.596 of 2017 dated 27.11.2017 for alleged
offence punishable under Sections 498A/307/34 of the Indian Penal
Code.
And
In Re:-
Osman Khan and others
… Petitioners
Mr. Asraf Mandal, Advocate
..for the Petitioners
Mr. Imran Ali, Advocate
Mrs. Sutapa Banerjee, Advocate
.. for the State
The petitioners seek anticipatory bail in connection with Tehatta
Police Station Case No.596 of 2017 dated 27.11.2017 for alleged
offence punishable under Sections 498A/307/34 of the Indian Penal
Code.
This is the second petition by some of the petitioners, but the
circumstances appear to have changed.
The victim has returned to her matrimonial home and is living,
apparently in peace with the husband. The petitioners are the
relatives of the husband.
In view of such changed circumstances, the petitioners are
granted anticipatory bail. However, any further complaint of the
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kind previously lodged by the victim may result in the present
petitioners’ liberty being affected.
Accordingly, in the event of arrest the petitioners will be granted
bail upon furnishing security of Rs.10,000/- (Rupees ten thousand
only) each, 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 petitioners will also report to the Investigating
Officer at such time and place as may be specified by the concerned
police officer.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioners subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )
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