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Judgments of Supreme Court of India and High Courts

CRM/11191/2018 on 4 January, 2019

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4.1.2019
19

Allowed
md.

CRM No. 11191 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 7th December, 2018.
In Re:-

Nivarani Das and others
… Petitioners

Mr. Angshuman Chakraborty
.. for the petitioners
Mr. Rudradipta Nandy
.. for the State

The petitioners seek anticipatory bail in connection with Santipur

Police Station Case No.431/2018 dated 8.10.2018 under Sections

498A/304(B)/34 of the Indian Penal Code.

The petitioners are the close relatives of the husband of the victim

who was found hanging within nine months of her marriage. The

husband apparently remains arrested.

The petitioners claim that the thrust of the allegations is against the

husband of victim and the petitioners had no role to play in the incident

which led to the unnatural death of the victim.

The State refers to some of the statements of the local witnesses.

There are omnibus allegations of torture and demand for dowry, but

none of the statements refer to the incident which led to the death of

the victim or the present petitioners’ involvement therein.

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Considering such material, there is no need to take the petitioners

into custody at this stage as long as they cooperate with the

investigation.

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, till the investigation is completed.

C.R.M. 11191 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.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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