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21.06.2018

.

103.
as
(Allowed).

C.R.M. 4055 of 2018

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20.06.2018 in connection
with Titagarh P. S. Case No.328 of 2018 dated 05.06.2018 under
Sections 498A/306/406/34 of the Indian Penal Code.

In the matter of : Debnath Chakraborty Anr.

… Petitioners.

Mr. Shekhar Barman.

…for the Petitioners.

Mr. Saibal Bapuli, Ld. A.P.P.,
Mr. Bibaswan Bhattacharyya.

…..for the State.

Heard the learned Counsels appearing on behalf of the

parties.

It is submitted on behalf of the petitioners that they are the

parents-in-law of the victim housewife and they resided separately

from the couple. It is further submitted that the incident occurred

8 years after marriage.

Learned Advocate appearing for the State opposes the prayer

for bail.

Having considered the materials in the Case Diary and

bearing in mind the extent of complicity of the petitioners in the

alleged crime and the fact that they resided separately from the

couple and that the incident occurred 8 years after marriage and
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the statutory presumption under Section 113A of the Evidence Act

is not attracted, we are inclined to grant anticipatory bail to the

petitioners.

Accordingly, we direct that in the event of arrest the

petitioners Debnath Chakraborty and Malati Chakraborty shall be

released on bail upon furnishing a bond of Rs.10,000/- each with

two sureties of like amount each to the satisfaction of the arresting

officer and subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)