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Judgments of Supreme Court of India and High Courts

CRM/11124/2018 on 3 January, 2019

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3.1.2019
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Allowed
md.

CRM No. 11124 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 6th December, 2018.
In Re:-

Shrabanti Das and another
… Petitioners

Mr. Suman Chakraborty
.. for the petitioners
Mr. Bidyut Kr. Roy,
Mr. Arabinda Manna
.. for the State

The petitioners seek anticipatory bail in connection with Onda

Police Station Case No.114 of 2018 dated 07.1`0.2018 under Sections

498A/304B/34 of the Indian Penal Code and Sections 3 /4 of the

Dowry Prohibition Act.

The petitioners are the brother and the married sister, respectively,

of the husband of the victim.

The petitioners say that the husband of the victim is in custody.

The State produces the case diary and refers to the witness

statements recorded under Section 161 of the Code to the effect that

the victim was subjected to constant torture and brutality. However, it

appears that the victim died of burn injuries, but no opinion is

expressed in the post-mortem report as to whether the burn was self-

inflicted or homicidal in nature. There does not appear to be any

witness to the incident which led to the unnatural death of the victim.

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Considering the material against the petitioners, their custodial

interrogation does not appear to be necessary.

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)

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, till the investigation is completed.

C.R.M. 11124 of 2018 is allowed as 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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