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Judgments of Supreme Court of India and High Courts

Code vs In Re on 6 September, 2018

1

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

1
2

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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