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Judgments of Supreme Court of India and High Courts

CRM/158/2019 on 10 January, 2019

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10.1.2019
(18)
Allowed
md.

CRM No. 158 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 3rd January, 2019.
In Re:-

Bulu Rani Hazra
… Petitioner

Mr. Amitabha Karmakar
.. for the petitioner
Mr. Imran Ali,
Mr. M.F.A. Begg

.. for the State

The petitioner seeks anticipatory bail in connection with

Chandrakona Police Station Case No.39/2018 dated 31.01.2018

under Sections 498A/323/307/406/34 of the Indian Penal Code and

Sections 3/4 of the Dowry Prohibition Act.

The State opposes the prayer on the ground that the allegation of

the de facto complainant is that this petitioner along with her husband

and son had attempted to throttle the de facto complainant to death.

The father-in-law and the husband have been enlarged on bail

after suffering initial arrest.

Since the charge-sheet has already been filed, no useful purpose

will be served in arresting the petitioner at this stage.

Accordingly, in the event of arrest, the petitioner will be granted

bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only)

with two sureties of Rs. 5,000/- (Rupees five thousand only) each, one

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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 petitioner will attend the

trial on every day fixed and any default on the petitioner’s part will

entitle the trial court to cancel the bail without further reference to

this Court.

C.R.M. 158 of 2019 is allowed as above.

A certified copy of this order be immediately made available to the

petitioner subject to compliance with all requisite formalities.

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

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