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Judgments of Supreme Court of India and High Courts

CRM/228/2019 on 17 January, 2019

1

16.
17-01-2019

allowed
debajyoti
CRM No.228 of 2019

In re : Puspa Hira
….. Petitioner.

Mr. Arnab Chatterjee,
Ms. Arpita Saha
….. For the Petitioner.

Mr. Biswajit Deb,
Mr. Saryati Datta
….. For the State.

The petitioner seeks anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with Gopal
Nagar Police Station Case No.238 of 2018 dated 27-05-2018
under Sections 498A/304B/34 of the Indian Penal Code.

The State produces the case diary and the best material
that the State can show against the petitioner is what some of
the neighbours of the matrimonial home had to say in respect
of the perceived ill-treatment of the victim at the matrimonial
home.

The charge-sheet has been filed.

Considering the material against the petitioner and the
fact that the investigation has been completed, there may not
be any need for the petitioner to be taken into custody.

2

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 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 that the matter is fixed and any default on the part of the
petitioner will entitle the trial court to cancel the bail without
reference to this Court.

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 petitioner subject to compliance with all
requisite formalities.

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

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