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Judgments of Supreme Court of India and High Courts

CRM/4848/2019 on 18 June, 2019

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21 18.06.2019

C.R.M. 4848 of 2019
PG

Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.

In re : 1. Baneswar Singha

2. Sumitra Singha @ Bulti Singha……….petitioners

Mr. Amitabha Karmakar
Mr. Arup Kr. Bhowmick …….for the petitioners

Mr. S. Bhattacharya
Mr. Arindam Sen…….for the State

The petitioners (victim’s brother-in-law and his wife) apprehend

arrest in course of investigation of Moyna Police Station F.I.R. No. 204 of 2018

dated 14.07.2018 under Sectionsections 498A/Section306/Section34 of the Indian Penal Code;

hence, they have presented this application for a direction that in the event of

such arrest, they may be released on bail.

We have heard learned advocates for the parties and perused the

materials in the case diary. It appears that the husband of the victim was

arrested and is presently on bail. It also appears that upon completion of

investigation police report under Sectionsection 173(2) of the Code of Criminal

Procedure, 1973 (charge-sheet) has been filed before the relevant magistrate.

The victim survived for seven days after she attempted to commit suicide but

during that period no dying declaration was obtained.

In view of the above, we are of the considered opinion that personal

liberty of the petitioners need not be curtailed at this stage and that it is a fit

and proper case for making direction, as prayed for.

Accordingly, it is directed that in the event of arrest, the petitioners

shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five

Thousand) each with two sureties of like amount each one of whom must be

local, to the satisfaction of the court below.
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The application is, thus, disposed of.

(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)

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